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Universal Credit where partner has no recourse

JPCHC
forum member

Cardinal Hume Centre - Welfare Rights

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Total Posts: 186

Joined: 24 November 2014

I understand that where one partner has no recourse, the other claims UC as a single person and is awarded a personal allowance for themselves only.  But I was wondering how this works in practice as it’ll immediately tell you to claim as a couple (link claims etc.). 

I had a quick look to see if anything helpful had been published on this and found the attached FOI response.  They’re saying claim as a couple and then they’ll process it as a single claim. 

Is that what everyone else has been doing? It’ll be my first UC claim for someone in a mixed immigration status couple so I just wanted to double-check first.

I’m wondering at what point they’ll realise that - are they going to put the NRPF partner through an HRT? They’re already terrified about inadvertently having recourse so I can imagine how well that’ll go down!

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Philippa D
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Weymouth & Portland Citizens Advice

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Total Posts: 123

Joined: 2 January 2018

They have to claim as a couple. The partner with NRPF is required to go for a HRT, which they will fail and get a decision letter saying they are not entitled to UC. The maximum UC amount will not include any money for the partner with NRPF,  but any income or capital they have will still be deducted from the award. Because of this, partner will be required to verify ID and agree to report any changes.

Side note, I found that verifying ID for a partner with NRPF was an absolute nightmare. DWP insisted on certified copies of ID documents held by the Home Office, which caused massive delays.

JPCHC
forum member

Cardinal Hume Centre - Welfare Rights

Send message

Total Posts: 186

Joined: 24 November 2014

What I feared! Thank you for your help