Hello, any Community Care specialists out there?

Client is UK national married to asylum seeker. When she first came to UK 3 years ago he was in receipt of JSA so NASS paid her subsistence support only, currently £31.58 pw.

No changes in circumstances until November 2006 when client started p/t work and received WTC. Baby born in February 2007 and client also began to get CTC plus CB. None of these declared to NASS.

Client made claim for HB/CTB in March 2007 and received letter from them stating that if he proceeded with application it might affect his wife's status as she was subject to immigration control. She is still an asylum seeker - client has submitted an application for her to remain in UK as his spouse but no home office decision on this yet.

I have checked with JCWI who tell me that an increase in public funds payable by her presence ( ie HB/CTB ) will not affect her asylum application but my questions now are;

1. I presume that NASS should have been told that her husband started work last November and subsequently got WTC plus CTC?
2. If so, how would this affect her NASS subsistence support?
3. I presume that birth of baby should have also been reported to NASS - how would this affect any subsistence support ( taking into account the above )?
4. If she is still entitled to subsistence support from NASS, will this be taken into account as income for HB purposes?

Thanks all.

Hi

I'm afraid I don't know the answers in relation to the queries about NASS support, but the Refugee Council may be able to advise:
240-250 Ferndale Road
Brixton
London
SW9 8BB

Telephone: 0207 346 6700
Fax: 0207 346 1048

Contact hours: Monday, Tuesday, Thursday & Friday 10.00 - 16.00 and Wednesday 14.00 - 16.00

or the Support and Discontinuation Enquiry Line.
http://www.ind.homeoffice.gov.uk/applying/asylumsupport/support_discontinuationofsupport

I can't see that your client's wife would be entitled to subsistence for the child if the father is claiming CB/CTC in relation to the child. In fact, I imagine that she may not be eligible for subsistence for herself, or all of it, dependent on the husband's income. Has the wife a NINO? This may impact upon whether HB is paid, I think.