I've been asked to look into possible benefit entitlement for a man whose wife is a 'person subject to immigration control'. A previous thread is very useful in confirming the worst :-
http://www.rightsnet.org.uk/dc/dcboard.php?az=show_topic&forum=102&topic_id=2139&mode=full

In this case, it would be possible to claim Second Adult Rebate if there were no benefit restrictions, for an elderly mother who has come to live with them. I wondered whether the man could make a claim for Second Adult Rebate, as I understand the claim would be in his sole name, and for Second Adult Rebate purposes his wife is not taken into account.

As in previous discussions, I do not think there would be any problem on the side of benefit entitlement, but it is the implications on immigration status I am concerned about.

Anyone got a definitive answer?

For HB/CTB purposes, my understanding is that the clmt's wife is still part of the clmt's household (not necessarily the same for other DWP bens).

In any case, even if the clmt's wife was "a.n. other", it is still a fact that the person is resident in the property.

Based on the info in your post, my view is that a 2AR claim will be unsuccessful.

Regards

Good point. Once again, the mysteries of the Second Adult Rebate have proved beyond me.