Partner from abroad

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  • #35409
    tracycox
    Participant

    Hi
    Wondered if someone can help us with this case – i have read some previous postings on here and think i have the answer but wondered if someone can still just clarify for us as it appears the rules changed in April 2009 so need to make sure i am reading them right.
    We have a claim from a british citizen working who has a partner who has moved into the property and is a person from abroad. We originally refused the claim as we did not have a nino from him (although it appears now this was wrong as claim was made after april 09) he has now provided a wage slip dated 2001 (period when he was not with partner) showing a nino on it but it is a temp nino – she has provided some immigration papers in march showing that the case is going to appeal we have spoke to the claimant today and she has confirmed that it the appeal was not successful and her partner has no right to reside in the uk but she is again appealing against this.
    With regards to her benefit claim, am i right in thinking as she is the claimant and is a british citizen she can claim benefit. My problem is do we include him on the claim or not (he has no income but would make a difference to the applicable amount!). Also I note from a different post on here that it mentioned sending a DCI 1 form to the jobcentre – would we have to do this or not as it appears that he has already applied for one at some point to be given the temp one and as we have had it confirmed that his immigration status has failed.
    Your opinions on this would be appreciated.

    #53627
    stevedaymond
    Participant

    The British national will be ok to claim and the partner will need to be included. You will need to send a DCI1 to the DWP and await their answer. You will be ok to pay the claim once the DCI1 has been sent as per CH/4085/2007.

    A4/2009 states if a NINO gets refused with the reason Immigration Status Invalid then you are ok to continue paying and if it gets refused for any other reason then you will need to cancel back and create an overpayment. However, HB Reg 4 exludes a person subject to immigration control by 115(9)(a) of the Immigration and Asylum Act from the need to have a NINO so I personnaly would continue to pay anyway as long as you are satisfied the claimant comes under the following then continue to pay what ever the DWP say, as A4/2009 does not reflect the HB Regs in my opinion.

    [i:b3d5fdb542](9) “A person subject to immigration control” means a person who is not a national of an EEA State and who—
    (a) requires leave to enter or remain in the United Kingdom but does not have it;[/i:b3d5fdb542]

    #99263
    tracycox
    Participant

    hi thanks for that – could you advise us where we can get a dci 1 form from as we don’t seem to have one and have tried searching on the internet

    #99264
    stevedaymond
    Participant

    DWP’s website G2/2009

    #99265
    tracycox
    Participant

    ah thank you very much!

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