Hi,

I have a client who is on I.S/CTB/HB living with her daughter. Also claims CHB and CTC.

She is due to get married to a Tanzanian in Jan 07 and wants to bring him to UK. He will have no recourse to public funds. I am clear on the rules re her benefits if he does not find work. However, if he finds work but it is low paid, can they claim WTC? Also how would it affect any HB/CTB that may be due, how does the LA treat them if he has no recourse, I know the claims would be in her name only but i understand they would take the whole household income into account so i would assume that any benefit due would in part be for him as well as her and daughter.

Any advice very welcome.

I don't want to sound pessimistic.
But this case is so bound up in immigration law that I would wait to see if he is given right to join her here and what the conditions on his visa are. As she is on income support they may have problems.

If you look at one of the other discussion threads you will see that couples with one partner having "no recourse to public funds" are complicated! National insurance numbers etc.

sorry penny, i think these are legitimate questions to be asking at this point, in terms of the family being able to plan ahead ... anyone able to assist .........?

I'm not saying they aren't legitimate questions.
Its me trying to help. To prompt you to do one of those natty things. Link this question to a previous thread that has dealt with this issue in detail.

here's some recent related threads ....

http://www.rightsnet.org.uk/dc/dcboard.php?az=show_topic&forum=103&topic_id=3278

http://www.rightsnet.org.uk/dc/dcboard.php?az=show_topic&forum=102&topic_id=3824

http://www.rightsnet.org.uk/dc/dcboard.php?az=show_topic&forum=104&topic_id=1343

Let's assume the following:

1. He gets the standard 2 year spouse visa with no recourse to public funds as a condition but no restriction on working (this is the usual situation).

2. Her IS claim is based on being a lone parent only and she has no other conditions of entitlement to IS.

3. That your client is a UK national rather than from another EU state.

We can then say the following:

In the situation where he is not working:

1. She can no longer claim Income Support at that stage as no longer a lone parent.

2. A claim for JSA is fine if she is the claimant. She will not get an additional amount for him included.

In the situation where he is working sufficient to claim WTC:

1. She can claim WTC.

2. There is in reality (unless WTC more than she was getting on IS which I don't think it can be) no ADDITIONAL recourse to funds by doing this (they are getting less in benefits and credits than they were when she was on IS) and so (as far as I understand) no breach of the public funds condition.

I think that is right anyway. Any other comments....