who should be the claimant

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  • #21978
    GHE
    Participant

    The claimant on the form is a part time student from India. She has been here since December 2005. She does not have a national insurance number. Her partner is a full time student. He is from Zambia, does have a national insurance number and also works 16 hrs as a chauffer to a cosmetic surgeon.

    The have no children/disabilities.

    Do we refuse the claim as she has no NINO? or
    Do we make the partner the claimant and refuse it as they do not qualify as vulnerable students?

    Any advice is much appreciated.

    #6210
    jmembery
    Participant

    You can’t choose who the claimant is.
    The claimant on the form is the claimant, and you must deal with her claim.
    Have they applied for NINOs?

    #6211
    GHE
    Participant

    no she hasn’t, i expect she has no real need for it other than to claim benefit.

    In terms of chosing who the claimant is, I was thinking along the lines of when we ask the non student to be the claimant, if the non eligible student has originally applied.

    #6212
    jmembery
    Participant

    Graham
    I think you are talking about an office practice you have rather than the regs. You can only decide who the claimant is when a couple cannot agree between themselves.

    Reg 82(1)

    #6213
    chris harvey
    Participant

    Unless I have misunderstood it is the eligible one that has applied. He is a full time student so cannot claim, she is a part time student so she can make a claim, thats probably why she has submitted the claim.
    To make a claim she has to supply a NINO or make an application for a NINO and the DWP should give her one if she is applying for HB/CTB.
    Once she gets over this hurdle you would need to consider her immigration status and I suspect she is likely to be subject to immigration control and not have recourse to public funds. You would then have to turn her claim down.

    #6214
    Anonymous
    Guest

    Jeff is right on this one.
    As a matter of good practice, if we have to turn down a claim as the person down as claimant cannot legally claim (Persons from abroad being the obvious category, but can apply to students as well), perhaps we should inform the people concerned that they would be better of if roles were swapped.
    But its up to them to decide….. 8)

    I have also just seen Chris’ post (above), and I think his analysis of who will (in fact) be able to claim is correct. 😉

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