From 06/04/09, paragraph 8 was inserted into regulation 5 TC (C&N) Regs (SI No. 2009/697).

Paragraph 8 exempts a partner from the NINO requirments if s/he is a person subject to immigration control within the meaning of s.115(9)(a) IAA 1999.

I'm in dispute with TCO about this because they are delaying my client's claim by insisting the partner, who is a PSIC, apply for a NINO. They have tried to justify this by telling me that s.115(9)(a) has been amended by an SI to state that partners must still verify thier identity at a NINO interview.

This is utter nonsense of course, but I'd really like to know why this exemption was put in place... If my memory serves me right it was a DWP inititave attempting to prevent those without the right to work in the UK from obtaining a NINO. If RN guys could link to the relevant news item that would be great.

Anyway, it seems pointless to have this measure in place and then still insist that people apply for a NINO just to confirm identity... Has anyone come across this practice? Is there an effective argument to get the TCO to stop doing it - my client has now been without her tax credits for a considerable time.

Thanks.

I have a similar case, and yes, TCO are insisting that the partner of the claiment must attend an interview at the Jobcentre to confirm identity, the Jobcentre should then inform TCO that NINO and identitiy cannot be confirmed (because home office have all identity documents because they are a person who requires leave but does not have it) and this then allows TCO issue a NONO as they call it.

Only problem was that when my client went to begin stage 1 of this process, the Jobcentre wouldn't see her because she didn't have the necessary documents!! She has just had an interview now so hopefully 7 months later there may be a payment.....

Similiar things here.

When the client first attended for their NINO interview they were sent away because PSIC can't have a NINO. Then, having attended the interview, which consisted only of photocopying a few documents, the TCO decided that they couldn't trace the partner and so refused the claim.

We are complaining and appealing... The client has now been without her entitlement for 8 months and if another case is representative of the time it takes TCO to sort out the appeal, she will be waiting at least another 12 months before getting in front of the tribunal.

Just to say - I had a PSIC who was allocated a NINO - don't ask me how!

The problem I think is that although the PSIC is exempt from the NINO requirement, they still have to establish their ID, and there is no mechanism in officialdom for establishing ID apart from a NINO interview!

Ridiculous.