still that old chestnut i'm afraid. Does anybody know of any clear decision/guidance on this. Both members of couple in this case have the prohibition, so neither partner can get round it like in marriage cases.

Yours hopefully

David P

Question will be whether your clients can fit in to any of the exemptions to the general rule in Sec 115(9)(b) of the Imm. and Asylum Act 1999. That provision prohibits people with a public funds restriction from access to social security benefits.

However sec 115(3) allows for exemptions to that provision to be made. This is done under the Schedule to the SS Imm and Asylum (Consequential Amendments) Regs.

The Schedule is at page 663 of the current edition of Volume 2 of Social Security Legislation.
The same volume has a commentary on those prohibtion and the exemptions at page 257 and subsequent.

You may also find the Q&A on this site that sets out the rules (with links etc) helpful:

Link to the Q&A

thanks for that. i was wondering if any clear decision had been taken on whether tax credits are public funds for immigration purposes or not. i should have made myself clearer.

The Tax Credits (Immigration) Regulations 2003 provide in reg 3(1)the prohibition for those under immigration control, but there are five exceptions.

If you get hold of SI 2003 No 653 all will be revealed.

Good luck.

the home office publish an on-line defintion of "public funds" ... includes WFTC and DPTC !

see - http://194.203.40.90/default.asp?PageId=3186