Complex NINO,immigration,HB query!

It’s impossible to answer this query without seeing all of the papers - especially in light of the prosecution.

A number of matters raise serous concerns:

1)  Under which provision(s) was your client charged under?  Based on the info so far, it is far from clear she has committed a criminal offence in relation to benefits.

2)  Who advised your client to plead guilty?

3)  If the solicitor acknowledges he knows nothing about social security benefits, how on earth has he been able to properly advise your client on the criminal matter - bearing in mind the “civil” side, relating to entitlement, directly affects some offences?

4)  The lack of a NINO isn’t in itself a bar from benefits - it depends on the exact circumstances.  There are also issues around the false identity that are far from black and white.

5)  Depending on “4” and a host of other considerations, it’s perfectly possible for the alleged overpayment is simply wrong too.

6)  [Added] - Who was the actual claimant for HB/CTB?  This is a potentially critical question.

My advice?  You/your client needs to instruct (i.e. insist) the solictor gets the help of an expert witness (in social security law) as a matter of the utmost urgency.  The advice on these forums may or may not help, but the case needs someone to be properly engaged

A number of matters raise serous concerns:

1)  Under which provision(s) was your client charged under?  Based on the info so far, it is far from clear she has committed a criminal offence in relation to benefits.

****** I dont have the information on what provision(s) she was charged under as the matter was adjourned at the previous hearing until end of Nov for other matters (unknown) to be taken into account

2)  Who advised your client to plead guilty?

****** Not sure - what I do know is that the clients have recently changed solicitors as they have not been happy with the 1st solicitor that deat with this matter

3)  If the solicitor acknowledges he knows nothing about social security benefits, how on earth has he been able to properly advise your client on the criminal matter - bearing in mind the “civil” side, relating to entitlement, directly affects some offences?

***** my thoughts exactly but when I stated that shouldnt they deal with all these matters as they are related they said no

4)  The lack of a NINO isn’t in itself a bar from benefits - it depends on the exact circumstances.  There are also issues around the false identity that are far from black and white.

***** I know

5)  Depending on “4” and a host of other considerations, it’s perfectly possible for the alleged overpayment is simply wrong too.

**** I thought so too but HB keep referring back to lack of NINO as reason for not awarding to husband

6)  [Added] - Who was the actual claimant for HB/CTB?  This is a potentially critical question.

**** Orignal claimant was Mrs Ahmed but in her false name with false NINO i.e the dead womans

My advice?  You/your client needs to instruct (i.e. insist) the solictor gets the help of an expert witness (in social security law) as a matter of the utmost urgency.  The advice on these forums may or may not help, but the case needs someone to be properly engaged

*** Any recommendations?

Thanks
Dave

I dont see how Mr A’s claim can be refused on the basis that he has misrepresnted his wife’s identity if the true facts were given on his claim form.

I think that unless and until his British citizenship is revoked, he has the same rights to claim HB as any other British citizen.

His wifes status is problematic, but the problem is not insurmountable.

It will be for the immigration authorities to determine her status, but if they revoke her citizenship, she may be for benefit purposes a person from abroad with no recourse to public funds.  No NINO application will be required for her if she is a PFA, but if she is not, then a NINO aplication will be required. (The husband’s HB/CTB should be determined in the usual way even if the wife is a PFA)

He should immediately appeal the decision to refuse HB/CTB and at the same time a legitimate application should be made for a NINO for his wife (assuming that her British citizenship is not revoked.)

You will have a problem over the (late ) NINO application, but you may be able to argue that the Council’s outright refusal of the claim without inviting a proper NINO application is an official error that can be corrected by the Tribunal if the Council dont retract ( for further argument on this see CH/2542/2009 attached.)

If the couple remain partners, the alleged overpayments can be recovered via ongoing HB, and I cannot see a way out of that if his wife made a previous fraudulent application