Requirement for a NINO for a partner with no recourse to public funds

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  • #39964
    Julie Gough
    Participant

    Hi Can anyone help me please.

    Claimant is a British National, married partner came to UK 12/2/11 and is Pakistani and has no recourse to public funds. She has no NINO and we have advised her to apply for one and they have said they have been told she doesn`t need one. Can I include her as the partner on the claim or does the fact she has no recourse to public funds override the requirement for a NINO?

    Thanks

    #114072
    Kay_Tade
    Participant

    Well HBR 4 exempts her from the NINO requirement if her papers confirm she is subject to immigration control within the meaning of section 115(9)(a) of the Immigration and Asylum Act[Which means he requires leave to remain but does not have it], bearing in mind only the SoS/Immigration officer can decide that, OR fails the HRT. If none of those apply then a nino[[Dummy or otherwise] is required.

    I would send off a DCI form. I must say there are differing views but in my opinion the regs are clear.

    #114224
    stevedaymond
    Participant

    She would require a NINO or to have the DCI returned as “not awarded due to immigration status” as having no recourse to public funds is 115(9)(b) and not 115(9)(a) as described in Reg 4.

    #114234
    Julie Gough
    Participant

    Thanks for your help. Julie

    #115065
    Pollyanna
    Participant

    Hi

    I also have a similar case as described above. We have sent a DC form, which has come back with a nino, despite her immigration status being questionable. The guidance previous received seems to be in relation to new claims, however this is a change in circs. We are unsure on this basis whether to include her on the claim.

    Does anyone have a a view?

    Many thanks

    #115081
    stevedaymond
    Participant

    You will need to include the partner on the claim as there is nothing in the regs that allow you to ignore the partner.

    #115086
    Pollyanna
    Participant

    Thank you

    #115201
    Kay_Tade
    Participant

    Just one thing to add to this, if there is a NINO required for the partner AND this is unavailable, for whatever reason, benefit ceases.

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