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I have come across an unfamiliar situation with a client and wonder whether there is something that I am missing here.
My client is a British Citizen and lives with his wife and son. His wife joined him as a spouse on a 2 years visa with a "no recourse to public funds" restriction. The client was already in receipt of IS while Incapable of work before his wife joined him and has continued to receive IS which included a Disability Premium. Following a successful claim of DLA, his Income Support was revised and the client contacted because his Income Support has reduced following the revision. From the decision letter, it transpires that until the recent revision, the client was in receipt of IS which included a couple rate of Disability Premium while the new decision of IS only paid the single rate of Disability Premium.
I advised client that the IS award which included a couple rate of DP was erroneous because his wife who is Egyptian, has a "no recourse to public funds" restriction and the couple rate of DP could amount to an additional public funds. The calculation which awards him the single rate of personal Allowance and single rate of Dis. Premium is correct... hmmmm! OR is it not???
So my question is: Could it be that a British National in receipt of Income Support as a person Incapable of work, can get the couple rate of Disability Premium even though his or her partner is a "person subject to Immigration Control"?
Has anyone come across similar DWP decision? Any comment would be highly appreciated...
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