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Forum Home  →  Discussion  →  Covid-19: Welfare benefit issues  →  Thread

Adding a partner who’s got no recourse to public finds

Dan Manville
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Greater Manchester Law Centre

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Has anyone added a partner who’s NRPF? How do they do it without making theor own claim for UC? Wouldn’t a claim for UC in the partner’s own right be A Bad Idea?

Thanks

Elliot Kent
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From a practical point of view, a joint claim should be made.

The NRPF partner should be subject to a HRT which they will fail as a PSIC. They will then be dumped from the claim and the claim will proceed for most purposes as a single claim by the other partner as under reg 3(3)(e).

That will mean that the lower standard allowance will be paid - the NRPF claimant being there should not result in any increased level of benefit (although they may still have the effect of lowering the benefit paid if they have income or capital).

[ Edited: 12 May 2020 at 11:22 am by Elliot Kent ]
Dan Manville
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Thanks Elliot

Practicalities aside, I have spent decades being told that people who are NRPF should not claim benefits so it doesn’t sit easy with me.

Fortunately I now have immigration solicitors I can speak to; a new thing for me, so I’ll update once I’ve done so.

Jon (CHDCA)
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Welfare benefits - Craven CAB, North Yorkshire

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Carolyn McA
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Elliot Kent - 12 May 2020 11:20 AM

From a practical point of view, a joint claim should be made.

The NRPF partner should be subject to a HRT which they will fail as a PSIC. They will then be dumped from the claim and the claim will proceed for most purposes as a single claim by the other partner as under reg 3(3)(e).

That will mean that the lower standard allowance will be paid - the NRPF claimant being there should not result in any increased level of benefit (although they may still have the effect of lowering the benefit paid if they have income or capital).

Elliot’s correct from the point of view of DWP admin of a claim; they expect both partners to be included in a joint claim which they will convert to a single claim once the partner’s NRPF has been established, but the making of the joint claim can affect the PSIC partner’s future visa applications, so consulting an immigration solicitor first is advisable.  Will be interested to hear what the advice is.