Terms & Conditions

[Anonymous]

I have a claimant whose Nigerian husband has moved in with her.
She has been claiming HB/CTB as a single parent (his child) prior to this whilst he has been staying in London with his brother. This has apparently been the arrangement ever since he came to the UK in May 2009. He has applied to the Home Office for leave to stay, this has not been decided

We issued a DCI1 to DWP as he has no NINO. He attended an interview and his NINO app has beed refused as he was unable to provide sufficient evidence of his ID. He says this is because the Home Office has his passport.

Am I correct in saying that she is now excluded from HB/CTB as her husband has failed the NINO requirement?

[Nicky]

The simple answer is yes – have a look at circular A13/2010.

Someone will be along with a more complicated answer shortly 😀

[Anonymous]

thanks for that Nicky.

My only real concern was regarding him being unable to provide the ID evidence as The Home Office have everything and whether that could factored into the decision somehow……. But I thought not and really only wanted a second opinion.

[Anonymous]

I would question the DWP decision here. Assuming that the story is genuine the man must have documentation from the Home Office confirming his story. Surely this is proof enough of his ID. These cases can drag on for years and the decison seems a bit harsh to me.

[stevedaymond]

Based on what you have said so far I think you are ok to include the partner and continue with the claim. If he has just arrived at the UK, applied for leave but currently does not have it I would contact the Home Office and find out exactly what the partners current status in the UK is. If the customer has no status in the UK currently he will be exempt from the NINO requirement:

From Immigration and Asylum Act 1999

115 (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;

HB Reg 4(c) Section 1(1A) of the Administration Act (requirement to state national insurance number) shall not apply— to a person who— SI/2009/471
(i) is a person in respect of whom a claim for housing benefit is made;
(ii) is subject to immigration control within the meaning of section 115(9)(a) of the Immigration and Asylum Act;
(iii) is a person from abroad for the purposes of these Regulations as defined in regulation 10(2); and
(iv) has not previously been allocated a national insurance number.

[Author]

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