UC with no NINO

Hi,

I have a client who is an Afghan refugee (recently awarded refugee status) but lives in a full service UC area. He is yet to apply for his NINO. We tried to make a new claim for ESA on his behalf but he is being directed to claim UC online. I think it will probably likely that the system will not let him progress in making the application online if he does not yet have a NINO but this is going to hugely delay his payment and (housing costs).

Is there anyway to get around this? I understand that not having a NINO should never be a barrier to claiming benefits but am unsure how people are getting around making new UC claims where they do not have a NINO. Are there are any exemptions to making the claims online?

Many thanks

As far as I’m aware, the online application doesn’t ask for a NINO. It’s only at the initial interview at the JC+ that a NINO is requested.

This suggests you need a NINO to claim online:

What you need to apply

  your bank, building society or credit union account details (call the Universal Credit helpline if you do not have one)
  an email address
  your National Insurance number

https://www.gov.uk/universal-credit/how-to-claim

The guidance on that page is slightly misleading. It also says you have to verify your Identity online, whereas there are other ways to do this.

I agree with AdviceShop. The online claim form does not ask for the claimants NINO. The claimant is however required to provide proof of their NINO at their initial interview. No payments (including an advance) can be made before this interview and the claim may be closed if the claimant doesn’t have an interview within 1 month.

Ah ok, that’s useful to know.

Hi
Just had a similar case.

You can make an online claim for UC with no NINO - as the form doesnt require one.

Apparently where a UC claim is made without a NI, the UC system creates a ‘to do’ which goes through to the relevant NIno allocations office (in Glasgow?)  who contact client to arrange NI apt *

Satisfying Reg S.1 (1B)(b) SSAA 1992 ( *CPAG page 1166) ? which enables a claim to be made without NI details as long as cl provides sufficient information and evidence to allow NI to be allocated.
http://www.legislation.gov.uk/ukpga/1992/5/pdfs/ukpga_19920005_310817_en.pdf

Hope that helps

*EDIT- think this is in addition to the ID verification and Commitments appointment

CPAG have had a number of cases recently where people have been able to make a claim to UC without a NINo, but payment has not then been made ‘as the DWP’s system will not allow it’. I have posted a link to CPAG’s ‘judicial review pre-action protocol template letters’ page, which includes letters advisers can use if your client is refused UC, or is refused payment of UC, until they have a NINo here: https://www.rightsnet.org.uk/forums/viewthread/13838/#66340.

We also believe there must be more people out there who have been put off making a claim by the misleading info on https://www.gov.uk/universal-credit/how-to-claim and have asked the DWP to change this, we are waiting for a response.

The DWP have responded and state steps are being taken to “urgently resolve” the issue of non-payment of UC pending a National Insurance Number via “internal communications”. CPAG have been asked however to alert them to any further cases that we become aware of, so please let CPAG know if your clients are refused UC, or the DWP say it is not possible to make a payment UC, pending a NINo.

The DWP have also responded regarding the website “We are also considering the information on http://www.gov.uk. We have not yet taken steps to amend the website… There is no robust evidence to support the position that potential claimants are dissuaded from making an application”.

Can anybody provide some “robust” examples of people who have not made a claim / delayed making a claim as they thought they had to get a NINo first? In particular if the delay has caused a financial loss as their UC is not backdated. Please email .(JavaScript must be enabled to view this email address) (and/or use the template NINo letters to make individual challenges).