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Forum Home  →  Discussion  →  Benefits for older people  →  Thread

NINO for Ukrainian National aged 75

unhindered by talent
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Welfare Rights Team, Aberdeenshire Council

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We have an older lady (75) from Ukraine, who would be eligible for pension credit after doing a benefit check, however she is saying she needs to go to the Jobcentre to get a national insurance number generated and she has been told she may not get it as she has not applied for a job. I can’t find any specific guidance on this with regard to older people, although there’s plenty on UC.

Realistically national insurance is not an issue after retirement age and you don’t need NIC’s to claim Pension Credit so I think this is just DWP being difficult.

[ Edited: 14 Apr 2022 at 08:26 am by unhindered by talent ]
Vonny
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Welfare rights adviser - Social Inclusion Unit, Swansea

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This is what I got from all the stuff on resettled Ukrainians:

Ukrainian nationals who are applying for Universal Credit should be given a National Insurance number if their claim is successful.  To get an National Insurance number for other benefit claims and to work, a direct application should be made: http://www.gov.uk/apply-national-insurance-number

unhindered by talent
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Welfare Rights Team, Aberdeenshire Council

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Thanks but it says:

You’re not eligible to apply if you:

have lost your National Insurance number
are a UK resident aged 19 or under and have not contacted HMRC first
have a biometric residence permit (BRP) which has a National Insurance number printed on it
are only applying for a National Insurance number because you want to apply for benefits or a student loan

So, being 75,  this lady only needs a NINO for a PC claim

Elliot Kent
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It sounds like rather a lot is going wrong here.

First, she does not need a NINO to apply for PC. What she needs it to have applied for a NINO. See s1(1B) SSAA 1992.

Second, if she applies for PC, that should - as of itself - constitute an application for a NINO. See DMG 02178:

02178 There is no entitlement to the benefits in DMG 02176 unless the claim is accompanied by sufficient information or evidence:
1. to confirm the NINO quoted belongs to the claimant and any adult affected by the provisions
2. to enable the NINO to be traced where the NINO is unknown
3. to enable a NINO to be allocated where the claimant or adult does not have a NINO and they apply for one.

If the claimant does not have a NINO (for example as a person who has recently migrated to the UK), then an application for a NINO will be initiated from within the DWP if entitlement to benefit is established.

The claimant should provide sufficient information and evidence to enable a NINO to be traced or allocated.

Third, there is no rule precluding the allocation of a NINO to someone not looking for a job or otherwise of retirement age.

I suggest making a clerical claim for PC and, possibly alongside, applying for a NINO online.

unhindered by talent
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Welfare Rights Team, Aberdeenshire Council

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Many thanks, Elliot. Much appreciated.