Resources of spouses and partners have to be taken into account when assessing financial eligibility, except where:

  • There is a contrary interest with the spouse or partner
  • The parties are living separate and apart
  • 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 your client is in prison.  For the spouse or partner’s financial resources to be disregarded the marriage or relationship must be at an end.

Therefore, you need to satisfy yourself on the financial resources of a prisoner’s spouse or partner and to obtain the verification described in this guidance unless one of the above exceptions apply.

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