Benefit eligibility rules can be particularly complex when family members in the same household have different nationalities or types of immigration status. For example, when a British citizen has a partner who has leave to remain that is subject to the 'no recourse to public funds' (NRPF) condition.
When a person is not subject to the NRPF condition, they will be able to claim any benefits that they would normally be entitled to. However, when they are claiming a benefit that is classed as a public fund, they will not usually be able to claim additional amounts for a partner or other members of the household who are subject to the NRPF condition.
Exceptions to this rule are summarised in this section and are set out in the Home Office guidance: Public Funds.
A partner who is subject to the NRPF condition can be included in a joint claim for Working Tax Credit and Child Tax Credit.
When a couple are only entitled to Working Tax Credit (and not Child Tax Credit), they would not be able to receive the second adult element of Working Tax credit unless they are a national of Turkey or Croatia.
When a person is living with a partner who is subject to the NRPF condition, they would need to find out if they have to include their partner's details on the benefit claim. If they do, they would need to find out whether they will get an extra amount of benefit because of their partner's presence in the household.
If the person who is claiming the benefit gets an extra amount because of their partner's presence, then their partner would need to seek legal advice from an immigration adviser to find out whether receiving the additional amount may affect their current or future immigration position. See our information about how to find legal advice.