can WTC partner be notional income for ESA

Client on ESA support group got married to husband who works 16 hours and is on WTC (with disability element).  Client is still getting ESA. On the figures she produced today, looks as if either income from work or WTC were overlooked when reassessing her claim after she got married.  Client would rather keep her ESA money and make husband get rid of their joint WTC claim.  Apart from the fact that the husband might not want to agree to this, would the WTC be notional income?

First issue I am not clear about whether WTC is client’s income or just husband’s income, and whether getting rid of partner’s income is caught by the notional income rule.

Reg 106 (2) , failing to apply for income, expressly excludes WTC, but reg 106 (1) does not.  Does this mean that someone can elect not to apply for WTC, but once they have it, they cannot give it up?  And what would the annual renewal count as application?

I would be grateful for any suggestions.

Are you sure she is on income-related ESA?  Contribution-based ESA continues beyond 365 days for those in the support group.

That’s what it says on her award letters, anyway. Her ESA was reduced by partners income to 97 (which I think is below what ESA support group for a single claimant would be). And as far as I know, she was on straight IS before migration,