partner with no status

Could anyone help me?

My client is chinese and has a visa that enables her to claim public funds, she has 2 dependant children.
She works and was claiming ctc and wtc until July when her partner moved in and she rang HMRC to tell them.
Her partner is also from China and has no status at present. He cannot get an NI number.
Her benefit has been stopped since July.
I spoketo HMRC today and they told me that without an NI number the benefit cannot be paid.
I was under the impression she should still be able to get ctc and wtc with him on the claim or is that just if he has no recourse to public funds?
Can you get a temporary NI number for the purpose of claiming benefit?
I’m not quite sure where to take this one.

Thanks in advance

Is the partner a person without leave to enter/remain in the UK?  (eg an asylum seeker or illegal entrant)

If so, he does not need a NINO: see para (8) of Reg 5 of the Tax Credits (Claims and Notifications) Regs 2002.

Thanks for the reply, he is here illegally, he was refused his leve to remain.
What is the next best step to take?

does anyone else have an idea? Speaking to HMRC today they wont make a decision until they have heard from the home office about the status and ID of the partner, that has already gone overdue the deadline date and knowng the usual home office delays I’m worried she is left in limbo. I havent had a case like this befre so other than wait for the home office to reply I am not sure what to do. The delay seems absolutely unreasonable and i’m not sure what they are doing is even correct. I have requested assistance from the local MP to hurry the process up but other than that I dont know what steps to follow next.

If he has had an immigration solicitor helping with his case they might be able to try to speed up the Home Office response.

You could look at the Tax Credit Immigration Regs. 2003 to see if there is anything there that helps.  I think they deal in some way with cases where one of a couple has no recourse to public funds (which I assume must be the case with your client).

Other than that, the MP is the only way I can think of.

CPAG pages 1508-1510 covers all your questions, looks like the partner is exempt from the NINO requirement as he is a person subject to immigration control who requires leave and does not have it and both CTC/WTC should continue as before as partner should be treated as if he was not a PSIC for tax credit purposes. They should also be able to ask for an advance if the only hold up is the NINO requirement.