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A Question for all
Over the last few days, significant in roads have been made to help Ukrainian families coming to the to the UK to claim certain benefits.
Regulations now added to the categories of those exempt from the habitual residence and past presence tests for claims for specified benefits including universal credit and personal independence payment
The DWP has also laid emergency regulations to enable those arriving in the UK from Ukraine to access universal credit and other means-tested and disability benefits immediately.
New regulations have also been issued in relation to the residence conditions for child benefit and the calculation of income for tax credits to support people who have come to the UK from Ukraine and their sponsors.
SO MY QUESTION IS: If or and when supporting a claim, either online (electronically) or by paper application. What happens about the lack of a NINO, as I’m assuming that a NI will not automatically be issued on arrival. Therefore, will the online claim be accepted and if applying by paper do you identify the refugee status ?
You are supposed to not need a NINO to apply for benefits. If the benefits claim is successful you are then supposed to be issued with a NINO.
https://www.gov.uk/apply-national-insurance-number.
“You’re not eligible to apply (for a NINO) if you:
...
are only applying for a National Insurance number because you want to apply for benefits or a student loan
You do not need a National Insurance number to apply for benefits or a student loan. You will receive one if your application for benefits or a student loan is successful.”
I know it doesn’t always work like that in practice.
This gets so confusing - we’ve had an enquiry this week where the client was told she couldn’t get a NINO as she was over pension age and therefore wouldn’t be working. This lead her to believe that she couldn’t claim AA as that is a basic requirement on the claim form.
So we’ve needed to advise about her telling them she wants a NINO as part of the AA claim process and what should happen when she sends that claim off.
For AA see Decision Makers Guide paragraph 02178 (3)
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1049060/dmgch02.pdf
02176 The provision of sufficient information or evidence to establish the NINO is a specific requirement for….
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.
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For new arrivals such as Ukrainian refugees who will be applying for Uc the similar guidance is at paragraph A2148 of Advice for Decision Making Staff
For AA see Decision Makers Guide paragraph 02178 (3)
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1049060/dmgch02.pdf
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For new arrivals such as Ukrainian refugees who will be applying for Uc the similar guidance is at paragraph A2148 of Advice for Decision Making Staff
Your footnote indicates on A2148. Should that have been o2148 ?
02148 A claim for IIDB, SFFP, BB, RP, GRB or a SAP made by telephone (see DMG 02073) is made in the
prescribed manner if the claimant provides the Secretary of State with all the information necessary to
determine the claim during the initial
telephone conversation. Otherwise, (for example if the telephone conversation is cut short
unexpectedly) the claim will be regarded as defective1
No. 01248 you have quoted is from Decision Maker’s Guide. For UC the relevant guidance is Advice for Decision Making Staff and the relevant paragraph dealing with NINOs is A2148.