Clarification of G7/2006

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    Darren Broughton

    In G7/2006, para 16 discusses the effect of the Wilson judgement on NINO requirements.

    [i:a0af2071c5]16. Claimants will not be entitled to benefit if a person they claim in respect of fails to satisfy any of the three conditions outlined above in terms of a national insurance number. This affects income related benefits including housing benefit and council tax benefit. . This does not however alter the existing rule that housing benefit claimants are not required to provide national insurance numbers if they are hostel dwellers, in respect of a child [b:a0af2071c5]or for a claim for a further grant of housing benefit made before September 2000.[/b:a0af2071c5][/i:a0af2071c5]

    This may be blindingly obvious, but what does the last part mean (the bit in bold)?


    I think it is an attempt to identify the latest date on which a person could be entitled to HB/CTB on a claim made before the NINO requirements came into effect.

    Subsections (1A) to (1C) were inserted into s1 of the Administration Act from 1997, but HB Reg 2A disapplied the requirement for HB purposes until it was revoked in September 1999 (and earlier in some pilot areas I think). Because s1(1A) – (1C) is about the process of claiming, and is not concerned with the claimant’s continuing weekly entitlement in the way that income, capital and family circumstances are, anyone who claimed HB under the pre-NINO rules up to August 1999 would not have been required to provide a NINO until perhaps the end of September 2000.

    We have been discussing the common-law presumption against retrospectivity, backed up by s16 of the Interpretation Act, in overpayment threads lately. Here is another example of that presumption in action – no-one can be deprived on NINO grounds of HB that they are entitled to for a period before any such requirement existed.

    You could put it another way: HB entitlement for any benefit period (remember those?) beginning before September 1999 is not subject to the NINO requirement.

    Darren Broughton

    Many thanks Peter

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