Exemption from financial requirements due to disability

[Cornflower]

Hello members,

Could you please comment the following:

http://www.ukba.homeoffice.gov.uk/polic ... a-partner/

"E-ECP.3.3. The requirements to be met under this paragraph are-

(a) the applicant's partner must be receiving one or more of the following -

(i) disability living allowance;
(ii) severe disablement allowance;
(iii) industrial injury disablement benefit;
(iv) attendance allowance; or
(v) carer's allowance; and

(b) the applicant must provide evidence that their partner is able to maintain and accommodate themselves, the applicant and any dependants adequately in the UK without recourse to public funds."

My friend is applying for spouse visa, her husband is disabled, he is getting state pension and Disability living allowance. He doesn't work at all.

According to the above information the couple is exempt from financial requrement, but point (b) states "their partner is able to maintain and accommodate themselves, the applicant and any dependants adequately in the UK without recourse to public funds
Sorry, I do not get that at all Points (a) and (b) completely exclude each other. UK Citizen cannot cancel the benefits, there will be no money for him to live on. At the same time it looks like there is no way for him to take his wife to the UK from outside of EU. The whole thing looks just wrong The man has got freehold property, worked hard for all his life, got the disability.

Or maybe I am missing the point? Please advise
Thank you very much!

[Cornflower]

Forgot to mention, I have already checked the Public funds list, state pension and DLA are included.

http://www.ukba.homeoffice.gov.uk/visas ... blicfunds/


income-based jobseeker's allowance;
income support;
child tax credit;
working tax credit;
a social fund payment;
child benefit;
housing benefit;
council tax benefit;
state pension credit;
attendance allowance;
severe disablement allowance;
carer's allowance;
disability living allowance;
an allocation of local authority housing;
local authority homelessness assistance;
health in pregnancy grant; and
income-related employment and support allowance.

[Casa]

The sponsor need to show that there won't be a need for additional public funds once their spouse joins them.

[Cornflower]

The sponsor need to show that there won't be a need for additional public funds once their spouse joins them.

Thank you very much, Casa!
Does it mean that disable people need to comply with old immigration rules? The new one does not mention "additional".
Could you please provide the link?
Sorry for asking too many questions. Your help is very much appreciated.

[gollywood]

Can I just tag on to this and ask if it is acceptable for a lady who is on disability benefits (due to many physical problems, kidney dialisis/transplant etc) is able to apply for her husband to join her in the UK.

[John]

gollywood, the rules are not gender sensitive. That is, they apply exactly the same for a wife wishing to bring her husband to the UK, as to a husband wishing to bring in his wife.

So exactly what "disability benefits" are being claimed?

[gollywood]

gollywood, the rules are not gender sensitive. That is, they apply exactly the same for a wife wishing to bring her husband to the UK, as to a husband wishing to bring in his wife.

So exactly what "disability benefits" are being claimed?

I believe she is getting incapacity Benefit & Disability Allowance, possible Tax Credits. Also getting assistance from Social Workers etc for 1 of her children who have some mental health issues.

She doesnt work, and lives in a house that is paid for via Housing Benefits

The reason I asked was not to criticise here decision, but because Ive been asked to help out in her application!