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Couple rate premium and partner without recourse to public funds
Will receiving couple rate Enhanced Disability Premium be detrimental to partner’s application for leave to remain?
This is probably one for anyone out there that does both benefits and immigration advice. I contacted CPAG who advised me to get immigration advice. Then I contacted an immigration adviser who advised to seek benefit advice!
My client has settled status and is in receipt of Employment Support Allowance- income related. She lives with her husband and their children. Partner is a Nigerian National with 2.5 yr residency permit and no recourse to public funds. Clt states that when this runs out he will reapply for a further 2.5 yr permit (I presume this process to be under Appendix FM of the Immigrations Rules?) and once this expires IDR.
Anyway, client gets Emp Support Allowance at single person rate + support component which seems correct. She also gets the Enhanced Disability Premium at the couple rate of £22.85p/w rather than single person rate of £15.90p/w.
How detrimental is this likely to be to his next application for leave to remain?
Hello
I’m reviving this thread as I have the same situation. My client is a British national who gets ESA-C with the single rate personal allowance, the Support Component, and ESAir, but the ESAir includes the enhanced disability premium at the couple rate (this was confirmed on phone by ESA). His wife is 3rd country national on 2.5 year visa with no recourse to public funds.
1. The couple rate EDP in ESAir appears to be correct (Benefits for Migrants HB 13th ed, p.113), but conflicts with the NRTPF condition.
2. I am also concerned if this were to affect any future immigration applications - has anyone had a similar situation? BFM says to obtain specialist immigration advice, which I doubt this family can afford.
3. Given the above, could the client ask to paid at the single rate of EDP? how would this work? or should they give up their ESAir claim and be paid ESA-C only?
Thanks in advance
Kthrn,
Could her husband not apply to the EUSS as family member of his wife?
Jim
1. The couple rate EDP in ESAir appears to be correct (Benefits for Migrants HB 13th ed, p.113), but conflicts with the NRTPF condition.
2. I am also concerned if this were to affect any future immigration applications - has anyone had a similar situation? BFM says to obtain specialist immigration advice, which I doubt this family can afford.
3. Given the above, could the client ask to paid at the single rate of EDP? how would this work? or should they give up their ESAir claim and be paid ESA-C only?
You can’t relinquish a benefit in part. It is not possible to ask for the EDP to be paid at the lower rate. As ESA is established as being one benefit, it would seem unlikely that it is legally possible to relinquish just the irESA top-up, however the DWP might permit it anyway if he asked.
I doubt there will be much response to the remaining questions. BFM recommends seeking immigration advice because these are questions of immigration law and therefore not matters which those of us who are not OISC-qualified can advise on.
If I were to offer a wholly uninformed and off the cuff guess carrying no authority whatsoever, it would be that the Home Office probably does not have the desire or level of technical understanding which would be necessary to identify an NRPF breach by reference to an obscure premium being paid at a slightly higher rate due to the presence of the NRPF person as a partner. But plainly your client acts at their own risk.
Could her husband not apply to the EUSS as family member of his wife?
As it is a four year old post, it might not be a live issue any more!