Hi, my client, working full-time at minimum wage, is wanting to take a month of unpaid leave and travel to a neighouring country (he is a refugee from Iraq) to assist in his wife's application for entry clearance to the UK. During this time he will be in receipt of nil-income - does this mean he will qualify for HB and CTB?

Thanks in advance.

Not necessarily I am afraid. As he will remain an employed earner, the Council will have to calculate his Average weekly earnings. Although not receiving pay for four weeks will reduce the average, it may not necessarily result in entitlement to benefit.

Where someone’s income fluctuates, as will be the case here, the Council will look at the income “over such other period preceding the benefit week in which the claim is made….as may…enable his average weekly earnings to be estimated more accurately.

Reg 29(1)(b) of the 2006 regs.