Co-worker asks the following, Clt came to UK as a spouse 8 months ago, married British Citizen in Yeman 3 years ago, has two children, lives with pensioner in-laws. Husband was working but is now imprisioned for 2 years. Clt gets CB, can she claim IS and CTC without this being recourse to public funds?

Dealt with a few of these, usually left occupying council accommodation and not capable of paying the rent... In my experiance the answer is no, she is not entitled to benefits.... however... she can apply for assistance to social services under the childrens act (for the children) AND under the 1948 National Assistance Act for herself as a destitute person who is destitute through no fault of her own. (and if she was a tenant paying rent the SS have the discrettion to pay the rent for her as she would not be eligible for HB either.)
If the children are UK born then she should apply to get her immigration status changed.

Thanks for this, very helpful.