Hi I have been asked about a case where woman came with her child in UK on October 2009 to join her husband. He is self-employed and was asking on what grounds can his wife get NINO.
Honestly could not find a way around that one, as she is not a self-employed person or employee she is looking after their child but is planning on looking for some work.

Without her having NINO can they still claim Tax cresits, Child Benefits?

Thank you for your support

Thu 11-Feb-10 04:51 PM by Martin Williams

His wife should be given a NINO in order to enable her to claim benefits etc.

I would have thought the DWP would have no problem with this- in fact I think it would probably be unlawful to refuse her a NINO on the basis of her nationality given that possession of a NINO / the system for issuing them needs to be operated so that Bulgarian nationals are treated in the same way as UK nationals with regard to this (see the equal treatment provision in Article 24 of Directive 2004/38).

In any event it is important to realise that the "NINO requirement" which applies to most benefits is not not a requirement that a person actually have a NINO. Rather the rules are as follows:

1. For everything except tax credits:

a) The claimant provides a NINO. or

b) The claimant provides sufficient information to enable the DWP / LA to find their NINO. or

c) The claimant applies for a NINO with sufficient information to enable one to be allocated to them.

The claimant by applying for benefit and giving lots of information about identity is often regarded as having made that application. However, I think she should also state clearly on any claims she does that she wants to apply for a NINO and is happy to attend for interview etc.

Recent caselaw has held that a claimant may meet condition (c) above even where they are refused a NINO (just because application is refused doesnt mean they didnt provide sufficient info to enable one to be allocated it just means the state didn't want to give them a NINO (although that may be due to failure to supply info it is not necessarily the case that it is).

Or the husband could be the claimant for CB? He has a NINO so no problems at all with that.

2. For tax credits:
Reg 5 of the Tax Credits (Claims and notifications) Regs 2002 requires the claimant (and partner who is also technically the claimant as it is a joint claim) to do one of (a) to (c) above UNLESS they have a "reasonable excuse"

Note that a Bulgarian national who is self employed has the same rights to claim benefits etc in the UK as a UK citizen. Similarly their spouse (your client) has these rights as well.

Thank you for your reply I was a bit confused as in the past we had similar problem with another case and for Child benefits puroses and Tax credits they were waiting for the issue of NINO. I hope this time to get things sorted quicker.

Thank you once again Iwill post an update on the case.

Antonina