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Universal Credit

raissa
forum member

Newcastle Law centre

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Total Posts: 33

Joined: 4 March 2020

Hello ALL,
Please i have a client who is British and wish to apply for UC nut her husband is subject to No Recourse to public funds.
Am sure she can put in a claim joint claim right. She is worried putting her husband to the claim will complicate things for them. Any suggestions please.

Elliot Kent
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Shelter

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Total Posts: 3128

Joined: 14 July 2014

In these cases, DWP likes the claim to be made administratively as a couple. The NRPF partner will then be determined to be ineligible for benefit and it will then otherwise be treated as a claim by a single person. The ineligible partner’s income and capital may result in reduced entitlement so DWP still need their details and this seems to be what the system has settled on. Strictly the ineligible partner isn’t a party to the claim at all - reg 3(3) UC Regs 2013.

I would defer to an immigration adviser on whether there could be any adverse immigration consequences to any of this.