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Hi Carol,
my understanding is as follows:
1. For HB and CTB it does not matter if the partner of the claimant is a "Person Subject to Immigration Control". Only the claimant needs to meet the immigration conditions.
2. Unlike for Income Support there is no rule which stops an increase in personal allowance to the couple rate for a mixed claim couple. Therefore they will have the couple rate personal allowance included in their applicable amount.
3. The above (couple rate app amount) does create problems for some mixed status couples as it does mean that a claim for HB/CTB will result in an additional burden on public funds.
4. However, as asylum seekers do not have a public funds restriction this should not make a difference (ie there is no breach of immigration conditions). The situation would clearly be different if your client husband was making an application to remain on the basis of marriage etc.
5. As far as NASS support is concerned then this is ignored for calculating CTB. However, the resources of the spouse are taken into account for calculating NASS amounts. However, given NASS amounts do not include consideration of CT I think this should not make a difference (I really would advise you to check this with someone else as I am not certain of the last point- it is a NASS not a benefit question).
Hope that helps.
Martin
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