toxteth
families adviser, toxteth citizens advice bureau, liverpool
Member since
20th Jul 2006
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RE: i.s, h.b / c.t.b claimant with thai wife, no recourse to public funds ...
Tue 23-Oct-07 03:56 PM |
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I think you'll find that the issues are more complicated for couples of different immigration status.
Firstly, acquiring a wife, of whatever nationality, is a relevant change of circumstances which the claimant has to report to the HB dept, and to the DWP.
For the purposes of claiming Income Support, the DWP can, in effect, ignore the wife and pay the husband the applicable amount for a single person. That way, the wife is not getting any public funds.
The rules are different for HB/CTB. They cannot ignore the wife's existence. However, if the claimant would be entitled to full HB/CTB due to being entitled to Income Support, the fact of his having a foreign-born wife is not giving him any EXTRA public funds he would not have been entitled to anyway. Therefore, his housing benefit claim can continue.
BUT! both he and his wife must have a national insurance number. (Social Security Administration Act 1992.) If his wife doesn't already have a national insurance number, the HB dept should ask the local Jobcentre to set up an interview for her to do an identity check and see if she can be given one. The giving of a national insurance number (or not) is up to the Jobcentre. The HB dept's responsibility is only to arrange an interview.
If the wife can't get a national insurance number, the husband can't get housing benefit.
While the wife has no income herself, and is "a person from abroad", there should not be any non-dependant deduction. If she gets a job, she will have to declare her income to the HB dept so that they can take it into account against the husband's entitlement.
You might find this case useful, as it concerns an HB claimant with British citizenship married to a foreign (non-EU) spouse:
Secretary of State for Work and Pensions v Wilson <2006> EWCA Civ 882
Also listed as Commissioner's decision R(H) 7/06
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