Partner from Abroad

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    We have a claim from a married couple – the claimant is a british citizen – the partner is from Thailand and moved in with the claimant on the 3rd April 2011. She is on a visit visa from the 23rd march 2011 to the 23rd September 2011 and her visa states ‘no work or recourse to public funds’.
    We have stated that she needs to apply for a nino – the customer has written in to state that they would not grant her one due to her being on a tourist visa and not being allowed to work or receive benefits – although he has not provided the proof of this being refused.
    The claimant has now been awarded guranteed pension credit based on being a single person although they are are aware of the wife – their notes state ‘decision made on habitual residence – habitual resident from the 04.05.2011 wife has no recourse to funds as only has a 6 month visa’
    For housing and council tax benefit purposes – would we have to include them as a couple and if so even though he has been awarded gc should she still not have a nino????? Or does the fact that she has been awarded gc make a difference.

    Can someone please assist with how this claim should be assessed.


    You have to apply them both to the HB/CTB claim

    see DWP circular A13/2010 for guidance

    Sound like, frim what you have said, that you need to send form DCI1 to respective NINO delivery centre. They will probably send this form back to you and annotae the comments box with ‘immigration status invalid’ only then are you able to make a decision whether or not your partner falls into one of the exempted groups as stated below…..once you have established that then you may proceed with your claim with the partner applied using a dummy NINO….although quite why we have to go through all of this nonsense is beyond me as we know from seeing the initial visa that the person would fall into an exempted group.

    Hope this helps you

    Regulation 4 of the HBGR and regulation 2B of the CTGR provide that the NINO condition does not have to be satisfied by
    • a person without a NINO who is subject to immigration control and is a person from abroad for HB/CTB purposes
    • a claim in which the claimant or any person being claimed for is liable to make payments for a hostel
    • a child or young person


    If a NINO does not get issued for the reason Mike has mentioned – Immigration Status Invalid you are ok to continue paying the claim. If it gets refused for any other reason such as failing to attend you will need to terminate the award as the partner is not exempt due to her status.

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