Payment of JSA without a NINO

We deal with clients leaving NASS accommodation, who have leave to remain in the UK. We assist in helping them make claims for benefit with the majority wishing to enter work and we assist in submitting claims for JSA. In the past as long as application for a NINO had started the DWP would pay the JSA on a temporary NINO. We have recently started hitting a brick wall on this point.

We have been informed that a new law has come into force that means no payments can made without a NINO can be quite a long period around 6weeks. Despite a request for information about this new law nobody at the DWP is able to provide anything. Equally the DWP aren’t prepared to providing any written confirmation on which grounds the payment has been refused.

I don’t know the answer to your question but Chapter 2 of the DMG still says at 02177:

“There is no entitlement to the benefits in DMG 02175 unless the claim is accompanied by sufficient information or evidence
1. to confirm the NINO quoted belongs to the claimant and any adult affected by the provisions
2. to enable the NINO to be traced where the NINO is unknown
3. to enable a NINO to be allocated where the claimant or adult does not have a NINO and they apply for one(1).

(1) SS (NINO: Exemption) Reg 97”

Which reads to me that applying for a NIno and giving sufficient info to back up that application means that they are not barred from receiving benefit

see. p.1138 et seq of WBH 2014/15 which sets out the NINO requirements. Third bullet makes clear that this incorporates applying for a NINO if you do not have one and providing sufficient information and evidence to allow one to be allocated to the client.

This is based on s.1B(b) of the Social Security Administration Act 1992 which sets out the statutory test, and as primary legislation, would require another piece of primary legislation to mean this approach shouldn’t be followed anymore i.e. I think they’re talking nonsense.

The commentary in Rowland highlights decision CH/40852/007 as setting our the approach that adjudicating authorities should take in such situations, particularly paragraphs 25-32.

For what it’s worth, the ‘SNAP’ guide (latest version Jan 2014) agrees with the DMG, and explicitly says that short term advances can also be considered without a NINO: https://www.gov.uk/government/publications/secure-national-insurance-number-allocation-process-staff-guide

SS 05 - Payments of short-term benefit advances and of benefit without a NINo

22.Short Term Benefit Advances (STBAs) may be considered for customers with no NINo, or who have applied for a NINo but whose identity has not yet been verified, providing they meet the STBA eligibility criteria, which includes that they must be likely to be entitled to the benefit in respect of which the STBA is applied for.

23.An award of benefit may only be made once the customer has proven their identity in order to allow a NINo to be allocated.