I have a client who has ILR (Refugee status). Her husband is an asylum seeker at the end of the process and therefore has no right to claim welfare benefits. They have a one year old daughter.

I have been told that as her partner has no recourse to public funds, she will be treated as a lone parent and can claim IS for herself. However, any earnings from her partner will be taken into account when assessing the claim. Does this sound right? I have another client in a similar position, but she has been told she has to claim JSA.

i'm afraid i don't think its correct

whilst it is true that in this kind of case the personal allowances in the applicable amount ignore the presence of the partner, they are still a couple for benefit purposes (as evidenced by the fact that the partner's income is taken into account)

in consequence, she's not a lone parent, and unless she can claim IS on some other ground, then she needs to look at JSA

I'm not sure of your client's exact immigration status but, from a cursory reading of the Tax Credit Immigration Regs., it looks as if she could probably get CTC. If so, the fact that her partner is subject to no recourse rule is no bar to her getting CTC.