Discussion archive

Top Income Support & Jobseeker's Allowance topic #318

Subject: "couple with different immigration status" First topic | Last topic
carol
                              

Welfare Rights Unit, Cardiff County Council
Member since
23rd Jan 2004

couple with different immigration status
Wed 19-May-04 02:28 PM

My client is 17 and arrived in GB with her parents. The family were being supported by NASS while their assylum claim is decided.
She recently married someone who has ELR. Her husband is getting JSA?income based. He's been told he can't claim for her wife as assylum claim has not been decided. Her parents have been told she can no longer be included in their NASS support as she is no longer5 their dependent.
Any ideas?

  

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Replies to this topic
RE: couple with different immigration status, elane, 21st May 2004, #1
RE: couple with different immigration status, carol, 07th Jun 2004, #2
      RE: couple with different immigration status, shawn, 07th Jun 2004, #3

elane
                              

refugee resettlement worker, LB newham
Member since
02nd Feb 2004

RE: couple with different immigration status
Fri 21-May-04 02:26 PM

a person who is a British Citizen, or has ELR, ILR etc--i.e who is not a person subject to immigration control--cannot claim benefits for a dependent who is subject to immigration control.

the wife can apply for nass support in her own right--she would be applying for subsistance only as her accomodation is supplied by her husband.

he can, of course, claim housing benefit for both

  

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carol
                              

Welfare Rights Unit, Cardiff County Council
Member since
23rd Jan 2004

RE: couple with different immigration status
Mon 07-Jun-04 10:10 AM

In this case, the young woman concerned was told she could not make a claim for NASS in her own right as she was under 18. She does not count as an unaccompanied minor as her parents are in the country.
The band has gone past on this one, as she was 18 a couple of weeks after my post and has now been allowed to make her own claim for NASS.
But it would be helpful to know for other cases.
Carol

  

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shawn
                              

Charter member

RE: couple with different immigration status
Mon 07-Jun-04 10:55 AM

for a 17 year old asylum seeker ... would there not be a way into locall auth support (regardless of whether they are technically an unaccompanied minor) on the basis that they are a young person facing destitution and therefore social services would have a duty?

  

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Top Income Support & Jobseeker's Allowance topic #318First topic | Last topic