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Couples where one member has NRPF - which income threshold?

 

Kelly @ NHHG
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I’m without my CPAG today and struggling to find guidance on this.  Would be most appreciative of any input from other experts!

Mr is disabled and unable to work - he is getting IR ESA at single person rate and full HB, plus CTC for 2 children. 
Mrs has a spousal visa and has no recourse to public funds.  She has been offered work.
They want to check entitlement/ effect on Mrs’ immigration status.

I understand that the couple cannot claim WTC based on Mrs’ work hours because she has NRPF, and that her earnings will nonetheless reduce CTC entitlement.

However, I’m unclear which income threshold to apply when tapering entitlement. £6420 for claimants eligible for WTC or £16105 for CTC only claimants?

     
stevemac
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Hi kelly - it is my understanding that specifically for TC purposes in your couple case as long as one of them is not subject to NRTPF restriction then their partner is also treated as not having the NRTPF restirction and they can make a joint claim to both WTC and CTC subject to normal rulkes so the taper would be set at £6420 (WTC)

     
Paul_Treloar_AgeUK
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CPAG MIgrants Handbook confirms Steve’s advcie but also notes that WTC claim does not include the couple element in these kind of cases.

     
stevemac
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Hi Paul - couple element included in WTC claim if the couple are responsible for a child? (CPAG 18/19 page 1539)

     
Paul_Treloar_AgeUK
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stevemac - 09 May 2018 09:18 AM

Hi Paul - couple element included in WTC claim if the couple are responsible for a child? (CPAG 18/19 page 1539)

Sorry, yes, you’‘re completely correct there. My mistake, well spotted.

     
Kelly @ NHHG
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Perfect, thanks for this.  Great help!