Claimant from abroad. She has no public funds restriction. She's made a claim for child benefit. She has only a temp NINO. Child benefit are telling me they cannot make a payment, not even an interim payment, unless/until the claimant has a permanent NINO.
What's to be done?

I had a similar case that went to a tribunal.

Basically the Revenue have no power to issue a NINO and rely on what the Secretary of State tell them about the NINO allocation process.

My case rested on the information that the claimant provided to the DWP which in the tribunal's opinion was sufficient to allow a NINO to be allocated. The fact that the DWP had not at the relevant time bothered to issue a number was irrelevant. The claimant had (like your case) no restriction on access to public funds and had given enough info to satisfy the NINO requirement.

Assuming that your client has given the DWP all the necessary info (passport, visa, etc.) then the Revenue should therefore pay the benefit.

Also there is a Commissioner's decision, the number escapes me, that a refusal to issue a NINO is an appealable decision.

David

I have certainly had cases where tax credits claims have been held up by this for months (and the TCO hasn't notified the client, just frozen the claim). I don't know if there are different rules for the TCO and CB but the below excerpt might be helpful. Perhaps you could write to the liaison officers who attended the below meeting and ask them how well they think their policy is working in practice?

Tax credits - Minutes of 11/04 liaison meeting
http://www.rightsnet.org.uk/pdfs/TC_Consultation_Group_Nov_2004.doc

"One representative had received feedback from a local group dealing with refugees that it was not possible to obtain a claim form without a NINO. The IR said that a claim form could be issued and this can be submitted without a NINO. The Tax Credit Office would then arrange with DWP for an identity interview to take place. If the interview is passed, the claim would be put into payment, even though the NINO may take a few weeks to be issued by DWP."

thanks for this. Does anyone have an idea as to the Commissioner's decision?
I'm trying to find the reg in Claims & Payments but no success so far.
Would it be better to swop the claimants as dad has now had confirmation that he has no public funds restriction - he already ahs a NINO?

I think that the decision you want is CIS 345/2003