My client is part of a couple with a 15yr old dependant child. The husband has had to go into residential care. This will initially be for six months and at some point during this period a decsion wil be made about whether this will be permanent.

There is a good deal of legislation in other means tested benefits making the distinction between permanent and temporary stays in care and setting time limits to how long a placement can be deemed to be temporary but there doesn't seem to be any equivalent in Tax Credits.

Para. 5a of S.3 ,TCA 2002 says that a couple who are 'separated in circumstances in which the separation is likely to be permanent' are not to be treated as a couple but all the caselaw seems to refer to divorce-type separation, not one party staying in residential care and remaining married.

I don't think there is a question about them still being a couple while one of them is temporarily in res. care but there must be some time limit to this and the phrase 'circumstances in which the separation is LIKELY to be permanent' would seem to open up all sorts of difficult ambiguities.

Any thoughts gratefully recieved

The TCTM says:

"Claims from married or unmarried couples are known as joint claims. Where a couple are married they should make a joint claim unless they are separated and intend the separation to be permanent."