7 replies to this topic

[lovelife324]

Our baby was born 3 weeks ago my partner is an overstayer from Brazil(which i am trying to find a solution to fix) and i am the father British.

We have registerd our son and my name is on the birth certificate so he his british will i be able to claim any benifts? child benifit, child tax credits etc? will i be entitled to do so?

My situation has also worsened as my job is going to be ending mid December and i am going to have to claim some benefits job seekers, HB+CTB could anybody advise me on the best way to approach this?.

The questions i have is
1.Do i claim job seekers for just me and my child but inform DWP that my partner is there? and has no recourse to public funds so i want to claim at the single rate for me and my child? as not to affect her attempts to regularize her status
2.With HB and CTB do i make the claim in my name for me and my child and just notify the council that my partner is living with me and hasn't any permission to work and no income? (No recourse to public funds) and is currently waiting to seek legal advice on how best to regularize her status.

Please Help

[Victoria]

Please read elsewhere in this part of the forum where these questions are answered.

[lovelife324]

Many Thanks for your help Victoria

[lovelife324]

I was hoping for a more personal response to my questions she also has a national insurance number she was allocated when she was a student is this still valid or will she need to apply for another one?
And i also read this on The Law on entitlement to Housing benefit website is it true?

"The requirement for a NINO and the rules outlined above also apply to the claimant's partner. There is one limited exception: if one member of a couple is ineligible for HB/CTB because they do not have leave from UKBA (i.e. if they have been granted temporary admission) then the requirement does not apply to that member. In these circumstances the DWP advises local authorities that they should assign a dummy number: HB/CTB Circular A4/2009"

.http://www.housing-r...endent-children

[lovelife324]

I was hoping for a more personal response to my questions she also has a national insurance number she was allocated when she was a student is this still valid or will she need to apply for another one?
And i also read this on The Law on entitlement to Housing benefit website is it true?


The requirement for a national insurance number for all claims

Sections 1(1A) and 1(1B)(a) of the Social Security Administration Act 1992 (pdf) require the claimant (regardless of their immigration status) to have been allocated a national insurance number (NINO) or to have applied for one to be allocated in order to be entitled to HB/CTB. An application for a number will be sufficient if the application is accompanied by all the evidence and information required to process it (section 1(1B)(). In addition, a claim for benefit should be treated as an application for a NINO.
The requirement to have a NINO or to have applied for one is absolute. No benefit can be awarded until the evidence and information required to establish this has been supplied. It even applies where it is unlikely that the authorities will grant one:CH/4085/2007. Any matter relating to the provision of a NINO can be appealed to a tribunal, including the evidence that is required for one to be ascertained or the consequences for an award of HB/CTB if a request to allocate one is refused:CH/1231/2004 and [2009] UKUT 74 (AAC).
The requirement for a NINO and the rules outlined above also apply to the claimant's partner. There is one limited exception: if one member of a couple is ineligible for HB/CTB because they do not have leave from UKBA (i.e. if they have been granted temporary admission) then the requirement does not apply to that member. In these circumstances the DWP advises local authorities that they should assign a dummy number: HB/CTB Circular A4/2009.

http://www.housing-r...endent-children

So why do they sometimes try and refuse claims because the the claimants partner who has no recourse to public funds or visa status does not have a NI number?

[lovelife324]

As much as i am grateful for Victoria's help If anybody can give me a direct answer to my all my questions here i would be very grateful.

[John]

Quote

I was hoping for a more personal response to my questions she also has a national insurance number she was allocated when she was a student is this still valid or will she need to apply for another one?

That NI number is still valid.

Quote

And i also read this on The Law on entitlement to Housing benefit website is it true?

No, it is out-of-date. But as your partner actually has a NI Number. The lack of need for NI Number in certain circumstances is irrelevant. She will just quote her NI Number as required.

[lovelife324]

John, on 02 December 2012 - 09:11 PM, said:

Quote

I was hoping for a more personal response to my questions she also has a national insurance number she was allocated when she was a student is this still valid or will she need to apply for another one?

That NI number is still valid.

Quote

And i also read this on The Law on entitlement to Housing benefit website is it true?

No, it is out-of-date. But as your partner actually has a NI Number. The lack of need for NI Number in certain circumstances is irrelevant. She will just quote her NI Number as required.

Many Many thanks for your reply john its calmed me a little so the Ni number did not expire when her student visa ran out? and i am more than in my rights to use this number if they ask for it? also as me the British national do i initiate any claim for HB+CTB Jobseekers etc for me and our British son as the main claimant and just notify of my partners presence and immigration status(over stayer) (no recourse to public funds)  ? thank you so so much for your help