Nino application

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  • #31840
    valda
    Participant

    Good Morning everyone, could any one advise me please? I’ve read A13/10 and CH/2366/2008 and am still a little confused. We are placing a lot of clients who have gained ILR in our private option properties. Consequently the majority of these people have no NINO’s and are in the process of making applications which is taking months. We have a hard time persuading LL’s to give us properties to let and this waiting time for NINO allocation is impacting on the amount of properties they are giving us and we desperately need them.

    Am I right in thinking that the CL has to have [b:2e49ee2fc4]attended[/b:2e49ee2fc4] the interview and have confirmation of this before HB can be put into payment. [b:2e49ee2fc4]Or[/b:2e49ee2fc4] that an appointment is enough. I’m thinking it is the first scenario but want to be absolutely sure before I advise this to the LL’s.

    Also would be grateful if you could point to the relevant bit of legislation/caselaw which specifically says this.

    Many thanks in advance
    Lisa

    #89044
    Anonymous
    Guest

    They just need to satisfy you that they have applied for a NINO with accompanying evidence. You don’t need to wait for an outcome, despite what the DWP would like you to think
    SSAA s1 (1A and 1B)

    #89045
    Anonymous
    Guest

    I dont think you have to have attended the interview, you only need to have made the application and provided sufficient evidence.

    There is no statutory prescription as to the form an application for a NINO may take, although certain evidence necessary to accompany the application is prescribed by Regulation 9 and Schedule 1 of the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations 2001 as amended. The time and manner of any such application is otherwise left to the Secretary of State to direct. Regulation 9 in so far as it is relevant provides:

    Application for allocation of national insurance number
    9.—(1) Subject to the provisions of paragraph (2) below, every person, who is over the age of 16 and satisfies the conditions specified in regulation 87 or 119 of the Contributions Regulations(a) (conditions of domicile or residence and conditions as to residence or presence in Great Britain respectively), shall, unless he has already been allocated a national insurance number under the Act, the Social Security Act 1975(b) or the National Insurance Act 1965(c), apply either to the Secretary of State or to the Inland Revenue for the allocation of a national insurance number and shall make such application at such time and in such manner as the Secretary of State shall direct.

    1(1A) An application under paragraph (1) shall be accompanied by a document of a description specified in Schedule 1

    (2) As respects any person who is neither an employed earner nor a self-employed earner the provisions of paragraph (1) above shall not apply unless and until that person wishes to pay a Class 3 contribution

    The documents prescribed by Sch 1 are as follows:

    DOCUMENTS TO ACCOMPANY AN APPLICATION FOR A NATIONAL
    INSURANCE NUMBER
    1. Any document specified for the time being in paragraphs 1 to 6 of List A of the Schedule to the Immigration (Restrictions on Employment) Order 2007(a).

    2. Any document specified for the time being in paragraphs 1 to 6 of List B of the Schedule to the Immigration (Restrictions on Employment) Order 2007.

    3. Any of the following documents–
    (a) a full birth certificate issued in the United Kingdom which includes the
    name(s) of at least one of the holder’s parents;
    (b) a full adoption certificate issued in the United Kingdom which includes the name(s) of at least one of the holder’s adoptive parents;
    (c) a birth certificate issued in the Channel Islands, the Isle of Man or Ireland;
    (d) an adoption certificate issued in the Channel Islands, the Isle of Man or
    Ireland;
    (e) a certificate of registration or naturalisation as a British Citizen;
    (f) an Immigration Status Document issued by the Home Office or the Border and Immigration Agency to the holder with an endorsement indicating that the person named in it is allowed to stay indefinitely in the United Kingdom or has no time limit on their stay in the United Kingdom;
    (g) a letter issued by the Home Office or the Border and Immigration Agency to the holder which indicates that the person named in it is allowed to stay indefinitely in the United Kingdom;
    (h) an Immigration Status Document issued by the Home Office or the Border and Immigration Agency to the holder with an endorsement indicating that the person named in it can stay in the United Kingdom, and is allowed to do the type of work in question.
    (i) a letter issued by the Home Office or the Border and Immigration Agency to the holder or the employer or prospective employer, which indicates that the person named in it can stay in the United Kingdom and is allowed to do the work in question.”

    Case law on NINO’s that I think is still relevant includes of course Wilson, but also CIS/0345/2003, CH/1231/2004, CH4085/2007, CH/2366/2008, and CH/2452/2009.

    #89046
    valda
    Participant

    Many thanks for your help

    Lisa

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