PFA Partner with no NINO

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  • #38160
    amartin
    Participant

    We have an active HB claim for a person from Nepal, he is getting Guaranteed Pension Credit at single person rate.

    In May 2011 he notified us that his wife had joined from from Nepal in February 2011. She had no NINO, we added her to his claim using a dummy NINO on the basis that his PC was still active, they told us that she was waiting for her NINO.

    We wrote to the claimant and asked for proof of his wife’s NINO once it was available.

    Today we have been contacted by the CAB saying that she is not going to apply for a NINO.

    As she has now told us that she has not applied for one, do we need to suspend the claim and insist that she does apply? If she will not, can we simply remove her from the claim, or does the claim need to end, regardless of his PC entitlement?

    Any advice on this would be appreciated, thanks.
    Andy

    #107524
    Kay_Tade
    Participant

    Why don’t you send off a DCI? The claim would be ok if you can ascertain they are exempy from the NINO requirement otherwise no entitlement fom date she moved in.

    #107545
    Andreas
    Participant

    Even if you do send the DCI the person must at least ‘intend to pursue’ the NINO application – although in practice this means they only need to verify their identity rather than have a NINO allocated.

    Edited to add: Why is the person not applying? If due to immigration status an application for a NINO does not affect this (can’t remember which decision but there is caselaw on this point).

    #107547
    amartin
    Participant

    Thanks for your advice, we have decided to suspend the claim as she has told us that she does not intend to pursue her NINO application. We have asked her to provide two forms of ID if she wants us to apply for the NINO on her behalf. Otherwise we will cancel back to the date she moved in.

    #107548
    Kay_Tade
    Participant

    You don’t need to terminate the claim if she is exempt from the NINO requirement and if that’s the case, the fact she refuses to appply for one, is not necessarily fatal to the claim.

    #107549
    amartin
    Participant

    But am I correct in thinking that one needs to be applied for before we know if she is exempt?

    #107551
    Kay_Tade
    Participant

    That’s why you should send the form. Others may differ but in my mind, as it’s only the SoS that can decide if someone is subject to immigration control and not an LA, then you can’t just say OK you are exempt. So let the SoS/DWP decide by sending off the DCI.

    #107553
    kenny_1
    Participant

    Hi all,

    We have received an application from an EEA member from Portugal who originally came into the country as a visitor in October 2010 with her Brazilian partner (not married) and two kids age 10 & 4. The 10 year old is now in full time education.

    Customer worked as a cleaner for about 3 months and her partner is currently working as a Gardner (although his passport was stamped employment prohibited and no recourse to public fund).

    Customer is currently waiting for decision on Child Benefit application.
    Her partner has not yet approached Home Office to sort-out his papers even though his six month visitors visa expired last month. He also does not have a NINO.

    Are we able to award HB as claimant is a primary carer of a child in education. But how do we treat her partner.

    #107557
    amartin
    Participant

    Thanks Kay, sorry if I soung thick, but do you know if we are able to just sent the DCI form? or do we need two forms of ID to go with it? We have her passport, but not a 2nd item.

    #107561
    Kay_Tade
    Participant

    Hi Andy I think you can just send a copy of the application from, that shows name and address, household members and signature/s with or without the ID and that is normally ok..

    #107564
    Kay_Tade
    Participant

    [quote=kenny_1]Are we able to award HB as claimant is a primary carer of a child in education. But how do we treat her partner.[/quote] I would say yes you should pay HB. I think, as you already have a decision “no recourse”, then the partner is exempt from the NINO requirements but to be safe send the DCI form as he may need a nino soon.

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