Any thoughts on this one please. Chap, British citizen, lived in Thailand for 5 years. Lived with Thai woman for several years, married her there about a year ago. They have a child born in Thailand 16 months ago. All 3 came to Britain approx 2 months ago, currently staying with his parents. She "has a visa to stay here for 2 years", passport stamped no recourse to public funds. He gets IS £56.20 (has GP sick note re arthritis) no IS for her of course. He gets CB, has claimed CTC. Presumably he has passed the habitual residence test therefore. They want to take on a private tenancy on a 2 bed flat but are uncertain about HB/CTB entitlement because of her immigration status. My belief is that they will get full HB/CTB (subject to rent officer determination etc) if claimed in his name on the strength of his IS and that she will not be regarded as a non-dependent provided she is a joint tenant. Am I correct in this?

Okay, this is kina up in the air with Commissioner's and partners who are not UK nationals, so I will write this on the understanding that the DWP's policy intent, (as I see it), will be restored shortly, following a hearing at the CoA...

In HB & CTB, there is no provision to split a couple, as there is an IS/JSA etc. The partner is a partner, and whether she is on the tenancy or not. The partner can not in HB/CTB law be treated as anything but a partner. She most certainly can not be treated as a non-dep... Even if it were not an IS case, she would be the partner, and there would be an amount included in the AA for her.

The DWP are also obliged to allocate a NI No. for the partner, as the NINo. is needed for the purposes of fulfilling S1 (SSAA, or SSCBA, can't quite remember which, I am sure that it is SSAA, but don't have any law to hand. Likewise with the Comm's decisions above that are now going through the CoA, can't remember those either, and don't have time to research at the mo, but there are threads on rightsnet about this I am sure...

Hope this helps...

I had a case a while back - British citizen married to N. African overstayer who was "no recourse", child. They had HB/CTB with no difficulty at all - claimed by the British one. However, that doesn't necessarily mean it was in accordance with the Regs!