national insurance numbers

We have been getting reports that people wanting to apply for a NINO (usually EEA nationals) are told that they cant due to the pandemic. The recording on the NINO helpline does allude to this, but there is more to it than this.  This doesnt necessarily relate to people who are benefit claimants (though one of my clients is such a claimant).

My understanding was that if someone claimed a benefit, there would be a referral firstly for HRT test, and then for a NINO interview. Though we did have some problems with this initially (UC not knowing who or how to make the referral) all has been quiet on this matter for a while. 

My client has a partner who has a NINO, and he is getting UC but she isnt on the claim. I am told this is because she doesnt have a NINO (and of course there isnt actually a requirement to have one, but I understand there is a requirement to have applied for one/be in the process) .  I have raised this matter with DWP to find out where things are currently at in terms of interview etc. 

However, more generally, I rang the NINO helpline as some of the people concerned want a NINO to work. Interestingly, there are 2 options on the phone menu , one for EEA nationals with settled and pre settled status; and one for those without.

If you choose no SS/PSS, there is a recorded message to say you cannot apply for a NINO.  If you choose the option for those with SS/PSS, you can speak to an advisor. I asked what of someone that did not yet have this status and I was told that they cannot get a NINO. It seems that people are being told that they have to have status before a NINO will be issued. I asked about those in UK prior to Dec 2020 who were looking for work, and either hadnt yet had a decision or hadnt yet applied, and again was told no NINO. There is a link on the .gov website which says you dont need a NINo but need to prove to employer right to work, so I followed this link   https://www.gov.uk/prove-right-to-work  which asks you to report work, but again, there are only options for those with a bio card/ residence permit, EUSS/PSS or a visa.  Is this correct? Are there any work arounds? or challenges to this? im quite surprised that people who have the right to be in UK, and to work in the UK are facing this barrier.  im waiting for feedback from DWP to see if the same sort of issues will exist when applying for benefits.

sorry to repeat this but on a more general issue - is anyone aware of any guidance that states that an EEA national (in UK prior to December 2020) cannot apply for a NINO until they have received an outcome from the EUSS?

thank you

https://www.litrg.org.uk/tax-guides/coronavirus-guidance/coronavirus-problems-getting-national-insurance-number

found this which details the issue is to do with coronavirus and not being able to get a face to face interview it seems. However, my comments in my first post about the process for registering for work still apply.

The situation relates to those wishing to get a NINO to work (but am trying still to speak to partnership manager to make sure that there are not any issues with NINO for benefits)

Hi dizzy,

I have a similar client problem, my client is on UC and his partner arrived in Sep, claimed UC on 10/10/20, passed the HRT, but no NINO yet and is therefore on the UC claim as an ineligible partner. DWP tells us that a NINO was applied for on 25/11/20. When you call the DWP NINO helpline option 2 (non-EEA national and need a NINO to apply for benefits), the phone cuts off with no reply.

I’ve seen the CPAG JR template and noted the grounds, but I’ve decided to escalate via MP in this instance after multiple chasing UC/JCP as this could be a quicker way of getting a result than doing the JR letter, but if we don’t get an outcome I will certainly contact CPAG. Will update how I get on

Its an awful situation! I cant see how they can refuse to process applications - if they arent doing face to face, there must surely be a work around. I have had a call from the partnership manager and in my case, my client failed HRT so though they told me it was because she didnt have a NINO, that is not correct. I am now submitting mandatory recon for this one. I did ask in a general sense about the NINO interviews for benefit claimants and he told me that because they will have already verified everything for HRT, a NINO should still be issued. It remains to be seen if this works in our area, as I will only know if we get the HRT (right to reside) sorted.  Please do update as I am fairly certain that this situation will occur again. thank you for the input.

You can refer them to their own guidance: ADM Chapter 2 - A2148 and https://www.gov.uk/government/publications/la-welfare-direct-bulletins-2020/la-welfare-direct-32020#reminder-la-claimants-without-a-national-insurance-number (most recent I could find, ‘updated 11/12/2020, although the info appears to be older).

As long as there is enough information or evidence to ‘enable’ the allocation of a NINO, I don’t see why the claim should stop there. In the present circumstances, evidence of exercising their right prior to 31/12 should suffice, to my mind. Settled or no.

HI Va1der

It turned out that my client had failed HRT and thus wasnt referred for NINO. The reports I am getting back are not so much to do with benefit claims but applications for NINO through the NINO line for people wanting to work.  They don’t seem to be taking applications through this route and there is a telephone message which states unless you have a visa, you cant apply as they arent doing face to face interviews due to the pandemic.  Thank you for the link though as it may prove useful for future issues.

CPAG are considering a legal challenge to the DWP’s NINo requirement and are looking for clients who are affected, including those who have already applied for a NINo when they claim UC and UC is not paid, and those who have not and the Jobcentre do not use the internal NINo process at all or in time to avoid a delay in first UC payment.

Please contact .(JavaScript must be enabled to view this email address).

CPAG are also interested in hearing from you if you are an adviser and:

- have challenged any unlawful delays caused by the NINo requirement, using a CPAG judicial review pre-action letter template or otherwise, in order to get an idea of the number of UC claimants affected.

- are able to provide any short case studies of clients you have assisted who have experienced a delay because they did not have a NINo when they claimed UC -  using client initials only and including:

• the length of the delay they experienced (ie, date of UC claim, date you challenged failure to pay, and date
      finally paid)
• their immigration status (or reason had no NINo), 
• how many children (if any) and their ages, and
• the effect on them (risk to housing, financial hardship etc).

Thanks in advance.

Also, DWP have told us “Where a NINo is allocated for benefit-related purposes, a notification letter is not sent to the individual, but is simply added to their benefit claim as part of the internal process. If the NINo is subsequently required for work purposes then claimants can obtain this either through their personal tax account, by submitting form CA5403 to HMRC, or by calling the National Insurance Registrations helpline on 0300 200 3500.” We would like to know the impact of this on claimants - does it interfere with appeal rights/job applications? Let us know.

Further to my previous post, DWP inform CPAG today that while NINo allocation letters are not being sent to claimants immediately when a NINo is allocated due to a benefit claim, they will be in due course (after full ID verification later):

“the current process is as a result of the Covid related easements which have been in place this year.

Covid restrictions have not allowed for identity verification to be carried out to our usual standard however we have continued to prioritise the allocation of NINos for the purpose of accessing benefits, on the basis of an eased ID verification process during this time. In light of this, allocation letters have not been issued until the full ID verification process has been completed and all NINos allocated during this time have been flagged to be reviewed at which time, where the ID can be satisfactorily verified, an allocation letter will be issued.

In the meantime… a NINo can still be obtained should a claimant wish to request it from HMRC or the National Insurance Registrations helpline.

In relation to the specific points you have raised I am instructed an appeal can be made via the paper process and the claim form will be accepted as valid even where a NINo is not quoted. If the claimant is in receipt of any other benefits as well as UC the NINo will appear on the benefit award letter. Also an individual can start work if they do not know their NINo but they must be able to prove that they have a right to work in the UK to any prospective employer. All employers have to conduct mandatory right to work checks on all prospective employees and these checks do not include the NINo.  It is the responsibility of employers under Section 15 of the Immigration Asylum and Nationality Act 2006 to ensure that everybody they employ has a legal right to work in the UK. The NINo is not required for this process.”

CPAG are interested in the affect on claimants of late notificaiton of their NINo, in particular where it has an impact on appeal rights. Please contact .(JavaScript must be enabled to view this email address)