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Wife subject to immigration control

MoneyAdviceWHA
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Welfare, Stephensons Solicitors, Leigh

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Total Posts: 5

Joined: 20 July 2010

Hi

I have a client who is a student and satisfies R2R and HR tests. However, his wife and daughter have now come to live with him. Wife is subject to immigration control and has no recourse to public funds. He is claiming CHB for daughter.

My question is whether he could be entitled to HB/CTB on the basis of being a student lone parent as his wife has no access to benefits. Should she be disregarded altogether, or does she still count as part of the household when assessing whether he is a lone parent?

Thanks

Kevin D
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Independent HB/CTB administrator, consultant & trainer (Essex)

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Total Posts: 474

Joined: 16 June 2010

Specifically for HB/CTB, there is no provision to ignore the presence of a partner.  As such, she must be included.  Depending on the exact circumstances, it may also be the case that the partner must satisfy the NINO requirement.

MoneyAdviceWHA
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Welfare, Stephensons Solicitors, Leigh

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Total Posts: 5

Joined: 20 July 2010

The poor guy is scuppered, then…

Thanks for the ultra quick reply!