Hi,
We have a client who has applied for I.S.. She went abroad (W.Indies), became pregnant, married the father (with whom she already has a child) and is now back in the UK awaiting her husband joining her once he has a visa.

No decision yet from I.S. and so Housing Benefit suspended. Child Benefit for her first child is in payment, and is her only source of income at the moment. Have advised to apply for a crisis loan.

My question is - would the husband's income and savings be treated as jointly owned before he enters the country? I can't find any reference to this so would be grateful if anyone could help!

Thanks in anticipation.

HI Alison

Have a look at CIS/13805/1996.

This concerned a woman in the UK whose husband was in Pakistan waiting for permission to enter the UK. She made it clear when claiming IS that she and her husband were temporarily apart, would be sharing a household upon him entering the UK, or if permission was refused then she would return to Pakistan.

The commissioner decided that the intention to resume living together must be an unqualified one and not contingent on an outside event such as being granted permission to enter.

If this fits the facts of your client’s case then her claim for IS is as a single person and his income/capital is not counted.

This decision confirmed the approach adopted in CIS/508/1992, a case that dealt with the previous form of Reg 16 (IS Gen Regs). The reg was amended in 1993 after that decision and after a similar outcome in CIS/484/1993, probably to reverse the effects of those decisions.

However, that was not achieved and CIS/13805/1996 remains good law.

Regards
Paul