Advice and assistance and financial verification in prisoners’ cases: aggregation of partner’s resources

Under the terms of the regulations, the resources of spouses and partners have to be taken into account when assessing financial eligibility except where the opponent has a contrary interest, the parties are living separate and apart or, in all the circumstances of the case, it would be inequitable or impractical to do so.

The parties are not automatically “living separate and apart” for the purposes of financial assessment just because the applicant is in prison.  For the spouse or partner’s financial resources to be disregarded the marriage or relationship must be at an end.

You need, therefore, to satisfy yourself about the financial resources of a prisoner’s spouse or partner and to obtain the verification described in this guidance unless one of the three exceptions set out in the first paragraph above applies.

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