Hi All,

I know this has come up as a topic before, but I wonder if anyone has any new case law or updates on this? Immigration and asylum policy is not an area I usually work in, so any guidance would be appreciated.

My client had been claiming IS as a lone parent, and married her partner last year. He is an asylum seeker and in receipt of NASS payment. IS knew about him and she continued to get IS in her name only, although he is obviously included in the claim.She had a letter in March from IS confirming that the info he had provided to confirm his ID and immigration status was acceptable. Last week they cancelled their claim suddenly because he failed his NINO application as he did not have sufficient ID. He showed his IND card as his passport is with the Home office.
IS have told me today that client should make a new claim, but without the NINo I am sure the result would be the same.

Should I appeal on CIS/345/2003 or is there anything else I should consider? Does the fact she has written confirmation that the claim was valid hold any sway, or is this overriden by the NINO requirements?

help please!

Although distinguished, appeal relying on Kerr v Department for Social Development (Northern Ireland (2004) HL, particularly at paragraph 62 where it states:

“The claimant is the one who generally speaking can and must supply that information. But where the information is available to the department rather than the claimant, then the department must take the necessary steps to enable it to be traced”.

If the Home Office have the necessary information for a NINO to be allocated then the DWP has the resources and means to obtain that information and if it can get it quicker and with less fuss than the claimant then it should do so in my view, relying on Kerr.

Thanks for that - will be useful in my appeal.