Hello,

Any help would be much appreciated.

I have a couple Mr has ILF, Mrs is still awaiting her decision, they have a 9 month old child.

Client made a claim for CTC in feb. Put his partner on the application.

They wrote to him stating there was information missing, letter stated his name NI and his partners name and temp NI.

When I called Tax credits to find out about the delay they are stating that because she doesent have a NI it flags up on their system and they write to DWP to arrange an NINO interview. Numerous calls to local JCP in east london lead to a dead end.

The next day I met some HMRC advisors who are doing outreach in our borough who advised me that there is a specific department that deals with claims like this. They advised me to send the client to the local HMRC office who ould book and appointment and look into it.

When client went to the office he was basically turned away with no more information.

Can anyone confirm this or tell me the name of the dept?

Or direct me to the legislation for couples with one partner still awaiting decision on asylum?


Thanks!

Couples where one partner is subject to immigration control

The regulations also affect couples where one partner is subject to immigration control, meaning that he or she is not an EEA national and requires leave to enter or remain in the UK but does not have it. From 6 April 2009, the following changes come into effect:
• Couples without children where one partner is subject to immigration control are not entitled to the couple element of working tax credit (WTC). Couples in this situation who were previously entitled to the couple element will lose it from 6 April 2009.
• Couples where one partner is subject to immigration control and has not been allocated a national insurance number (NINO) are no longer subject to the NINO requirement for that person for the tax credits claim. This should ease problems where claims were delayed because the partner subject to immigration control did not have a NINO.

Here is the law

http://www.opsi.gov.uk/si/si2009/uksi_20090697_en_1