Portugese clmt – bulgarian partner?

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  • #35216
    Dawnr
    Participant

    Hi,

    New claim as above, clmt is working, has nino, and is eligible to claim. Have written out to clmt asking for partners application for nino proof but has replied saying she has lost it and will re apply. Am I correct to think that if I send a DCI 1 form with ID proof, that this will satisfy the requirement and then I can include ptnr onto the claim? Unless, of course, she isn’t allocated one – in that case, would I exclude her from the claim until she can provide her own proof?

    Sometimes these non uk national cases tie me up in knots!

    Thanks in advance for any replies,

    Dawn.

    #98826
    Anonymous
    Guest

    The partner exists and they are a couple, so you include the partner on the claim in any event.

    If the partner will not cooperate with the NINO application, the whole claim fails and the claimant is simply not entitled to HB at all.

    However, the Upper Tribunal decision CH/4085/2007 issued in the last couple of weeks means that it is very difficult for someone to innocently fail the NINO test. If you send off the DCI form with proof of ID, that will be sufficient to satisfy the test unless the partner wilfully obstructs the process or abandons the NINO application. There’s no earthly reason why she would want to do that, and no reason why as a Bulgarian she should not have a NINO. A Bulgarian cannot be an illegal immigrant .. the only immigration restrictions they face are that they can only work in approved sectors and require a Home Office card before they start work.

    #98827
    Dawnr
    Participant

    Thank you for that – as I read it, the reasoning clicked in my head! Sometimes I think we look too deeply into these types opf cases, when the answers are a little more obvious….

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