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Forum Home  →  Discussion  →  Income support, JSA and tax credits  →  Thread

Tax Credits,partner with NRPF

Pete at CAB
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Welfare Benefits Adviser’ for Citizens Advice Cornwall

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Total Posts: 392

Joined: 12 December 2017

Cl is a British national and has claimed Ch Ben and possibly CTC/WTC. Partner has NRPF and seems to pay UK tax on a self employed income of over £60k PA.

I would have assumed that as the £60k is subject to UK tax then Tax Creds would take it into account but I am now doubting this after reading this - https://www.entitledto.co.uk/help/benefit-rules-for-mixed-citizenship-couples.

The information is perhaps a little ambiguous but it implies that in some cases no details of a partner with NRPF need to be submitted and I am (cautiously) assuming that this also means their income does not have to be disclosed either.

If this is correct then does anyone know what legislation confirms this, after much trawling I have got nowhere which makes me think the income is in fact counted.

Mark Willis
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Welfare rights worker - CPAG in Scotland

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Joined: 17 June 2010

Hi Pete

You were right the first time - joint claim, joint income for tax credits:
(2) Where one member of a couple is a person subject to immigration control, and the other member is not or is within any of Cases 1 to 5 or regulation 5—
(a)the calculation of the amount of tax credit under the Act, the Child Tax Credit Regulations and the Working Tax Credit Regulations (including any second adult element or other element in respect of, or determined by reference to, that person),
(b)the method of making (or proceeding with) a joint claim by the couple, and
(c)the method of payment of the tax credit,
shall, subject to paragraph (3), be determined in the same way as if that person were not subject to such control.