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Need help with immigration query

CMILKCAB
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Benefits advisor, NHS Project - Castlemilk CAB, Glasgow

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Joined: 17 June 2010

Female client aged 33. She has two children.
Currently claims ESA(IR) and Child Tax Credits and Child Benefit. Gets Housing Benefit and Council Tax Reduction.
All as a single parent/claimant.

She has a Pakistani partner who resides with her. He has applied for a visa and right to remain. He is not allowed to work and has no recourse to public funds.

His Home Office (initial) hearing is next week. As part of the process the Home Office apparently notify the DWP of the application and his Address.

The application process could take many months.

Client wants to know how this will impact on her benefits??? (there is no overpayment as not claiming for partner who has no income).

Would the DWP require her to claim as a couple….and therefore make her claim Universal Credit???

Hope this makes sense. Not an area I am familiar with and would appreciate guidance.

Dan_Manville
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Mental health & welfare rights service - Wolverhampton City Council

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Thje fact that she’s got a resident partner is going to kill the Tax Credits claim and generate an overpayment from the date he joined the household. Such a change of household automatically terminates a TC award.

Not sure about UC, but for legacy benefits they should be claiming as a couple with the applicable amount of a single person.

CMILKCAB
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Benefits advisor, NHS Project - Castlemilk CAB, Glasgow

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Total Posts: 92

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Dan Manville - 30 April 2019 02:29 PM

Thje fact that she’s got a resident partner is going to kill the Tax Credits claim and generate an overpayment from the date he joined the household. Such a change of household automatically terminates a TC award.

Not sure about UC, but for legacy benefits they should be claiming as a couple with the applicable amount of a single person.

Thanks for quick response Dan.

Yeh I did think it may open a can of worms…as she suspected herself.

The Child Tax Credit one could prove difficult as the IR do class a new partner as a relevant change of circumstance and therefore a new claim….despite fact partner has NO income and payment would have remained the same!!!

Also think that she will be made to claim Universal Credit due to relevant change.
Then there is the issue of the Council Tax single persons discount!!

Daphne
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I think under UC they make a claim as a single person - see reg 3(3)(b) of the UC Regs