Following Wilson, partners must now fulfil the NINO requirements of the Social Security Administration Act 1992 Reg 1 Para 1B.

Commissioner Jacobs in CIS/0345/2003 states that the decision to refuse the allocation of a NINO on the grounds of insufficient evidence is appealable.

So ......

Can anyone point me in the direction of regs or guidance as to what information or evidence needs to accompany an application for a NINO, and other grounds on which a NINO can be refused.

I am aware of the regs on refusing a NINO to someone who applies on employment grounds but has no right to work - but are there any other regs?

Kate

Try here, if the link works

http://www.dwp.gov.uk/lifeevent/benefits/ni_number.asp

Thanks

I've seen the list but it seems to be very general - and there can't possibly be the expectation that someone would provide everything on it. It doesn't really give any indication of what would be sufficient - what do they need evidence of?

I've seen somewhere that they may need 2-3 forms of evidence, so if someone is applying for a Nino on benefit grounds is it enough to provide a passport, birth certificate and driver's licence? And if they've provided those, but no NINO has been allocated because of insufficient evidence is that strong grounds for appeal?

This should be more useful

http://www.cpag.org.uk/cro/wrb/wrb198/NINO.htm

Regards
Paul

Thanks for those

Can anyone clarify for me how and why Income Support would treat a partner without a NINO differently to HB. The local DC has sent through a letter stating that Alephi House says that for income support the claim can be 'disagregated'.

Surely both benefits come under the SSAA 1992 Reg 1 (1B)(b), so why can the lack of a NINO be ignored for one and not the other?

It does seem puzzling and I’m wondering it they are thinking about couples where one of them is subject to immigration control. The difference between IS and HB here is that the person subject to IC is not included in the applicable amount for IS but is for HB (schedule 7, paragraph 16A IS Gen Regs).

However, (if I understand you rightly) you are not talking about a person subject to IC but just someone without a NINO. So I also don’t understand the Adelphi Advice. Section 1 makes it clear that benefit cannot be awarded unless the claimant and his partner both satisfy the conditions of that section.

One definition of benefit for the purpose of section 1 is “any income related benefit” (section 1(4)(b)).

The person is subject to immigration control, and is an overstayer. The Home Office are currently processing his right to remain under special circustances but so far have taken over a year.

Nino was refused because of 'failure to provide evidence of right to work in this country' - client had to contact Isle of Wight for this information as had not been given written decision.

However does not want a nino for work, but so partner can claim benefit.

My understanding is that SI 2006/2897 means that a NINO can be refused if cannot provide evidence of right to work if a person is applying because they are either employed or self-employed - but this would imply should not be refused if applying for benefits purposes.

CPAG handbook says there is a right of appeal against a refusal of a NINO - can anyone give me any advice on appeal process

Or any other help - client is getting very concerned as rent not being covered, but only getting IS for single person so cannot afford to be making any payments.

For further info re immigration status - came to UK 4 years ago on a 2 year working holiday visa. Expired December 2005.

Has applied for a Certificate of Approval to remain, application made some time before August 2006, but not sure of exact date.

Hi... have a very similar case where she was the overstayer... the issue of the refusal on a NINO was not about work or benefits, but that she was no longer legally in the country ! They will not issue a NINO until she has permission to remain.... However I am trying to argue the case with HB that they could pay because the issueing of the NINO is not an absolute refusal but is "pending" a Home Office decision AND that since there is no additional payments (the HB would be the same whether she was there or not) there can be no overpayment problems.... I have not got an answer back yet.

Still working on this one

Does anyone have a copy of the SS Contributions regulations 1979 (amended) that they can either email or fax me

Thanks

see also cpag's nino briefing, newly updated @

http://www.rightsnet.org.uk/cgi-bin/publisher/display.cgi?1113-4103-5973+swopshop

I've just recieved confirmation from CCU that his NINO application was turned down because of failure to provide evidence of his right to work. They also informed me that the decision was dated 22 November 2006.

But the amendment inserting paragraph 1a into reg 9 of the SS (crediting and treatment of contributions and national insurance numbers) regs 2001 did not come into force until 11 December 2006

So it appears that there was no legislative base for their original decision to refuse to allocate a NINO....unless anyone else can think of something I'm missing here.

And have just recieved confirmation from DWP that the SNAP guidance is wrong and there is NO REQUIREMENT TO PROVE RIGHT TO RESIDE in benefit inspired applications for NINOs. They say they will be amending it as soon as possible.