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The DMG says:
Claims from immigrants
10091 It may be difficult to verify the age of claimants or their dependants where
1. the birth took place outside the UK and
2. in a part of the world where births were not officially registered.
Note In certain parts of the world, a person’s age is far less materially important than it would be in the United Kingdom, and claimants in or from such countries may have little idea how old they really are.
10092 The DM has to determine the date of birth on a balance of probability taking into account all the evidence, explanations and circumstances. When doing so the DM should note the following
1. an opinion about the claimant’s age, based on a physical examination and given by a doctor in this country, is generally good evidence. The weight to be given to this evidence varies according to the nature of the physical examination and how far the accepted signs of age are explored and the degree of certainty expressed by the opinion (see DMG 10099 et seq).
2. documentary evidence such as sworn affidavits and witness statements, intended to disprove an earlier statement in favour of a later one, are not necessarily sufficiently convincing to disprove the earlier statement.
10093 Where a person makes a claim for benefit, for example Retirement Pension, which shows a date of birth different from that previously recorded but which is not shown to be verified, the DM should note the following
· a copy of the record sheet should be obtained from Contributions Agency records
· unless there is reason for doubt the DM should accept the date of birth on the copy record sheet from Contribution Agency records where the entry is marked as verified
· where the recorded date of birth is not shown as verified claimants should be asked to confirm in writing that they gave that date of birth when registering for National Insurance purposes and why they did so
· the DM should normally accept the date of birth given on registration unless the claimant denies giving that date on registration or now alleges that it is not correct. Where this applies claimants should be asked to state in writing why they did not give that date when registering for national insurance or why they otherwise dispute the accuracy of that date.
10094 Where a claimant produces
1. a passport showing an altered date of birth or
2. two passports, the current one showing the claimed date of birth
the DM should establish the reason for the change before deciding which of the dates is to be accepted.
Claimant from Pakistan or Azad Kashmir
10095 Claimants in or from Pakistan or Azad Kashmir may produce a form of birth certificate which
1. includes details such as the father’s religion and caste and the name of the attendant midwife and
2. certifies that it is based on old records kept by the village watchman or the police. However birth registration in Pakistan was not compulsory until 1961 . No conclusive proof is held of the existence of official birth records in Pakistan before 1961 and at the same time as the birth.
10096 The territory of Azad Kashmir (Free Kashmir) is self-administering but has adopted much of Pakistan’s legislation. But the territory is unable to ensure strict compliance with the legislation and documentary evidence of date of birth (including alleged certificates of birth) originating from there cannot generally be relied on. This applies even where
1. it bears authoritative stamps and
2. the signatures of persons of official status
the DM should examine such documents critically.
10097 DMG 10095 - 10096 is based upon a statement obtained by the then Head of Contributions Branch when he visited Pakistan and Azad Kashmir (Annex 1 and 2 to this Chapter).
Medical advice on age of claimant where other evidence is unsatisfactory
10098 The DM should consider obtaining medical advice if
1. a claimant alleges a date of birth several years earlier than that recorded at Contributions Agency and
2. action as in DMG 10091 et seq does not resolve the issue.
10099 Where DMG 10098 applies the papers should be passed to Medical Services to arrange for the claimant to be physically examined. A medical opinion should be obtained as to whether the results of the examination support
· the claimant’s contention to have reached the age alleged or, if not
· the range of years within which those results show that the claimant’s age probably lies. (The medical examination should enable a reasonably reliable assessment of age up to about five years either way).
10100 The papers should include
1. two identical recent photographs of the claimant (as a safeguard against impersonation) and
2. where the claimant has provided a passport - two copies of the page containing the identity details and photograph (so as to provide something against which the recent photographs can be compared) and also two copies of the first page (as later proof that the document copied was in fact a passport) and
3. a summary of the claimant’s environmental history, countries in which the claimant has lived, and for how long.
10101 If the examining medical practitioner’s report confirms the claimant’s alleged date of birth, the DM should accept the date of birth shown on the claim form. If the report does not confirm the alleged date of birth, the DM should disallow the claim on the ground that the claimant has not established that the necessary age has been reached for claiming benefit. The DM does not need to determine the claimant’s date of birth.
10102 Cases arising at London Pensions Group are referred to the appropriate office in the area where the claimant is living, for action as at DMG 10099.
10103 If a claimant appeals against a decision maker’s decision based on medical advice obtained as in DMG 10099 - 10100, the DM’s submission to the Social Security Appeal Tribunal should include the following
“The following statement has been provided by a Principal Medical Officer of the Department.”
“It is generally agreed that there is no medical test or group of medical tests which will enable the age of an adult to be accurately determined, particularly in the higher age groups. It is doubtful whether X-ray appearances alone can enable the age of an individual in middle or old age to be determined within an age range of less than 20 years. There are, however, certain clinical features which when observed and considered by an experienced medical practitioner may enable him to say whether on balance of probability the results of medical examination support an individual’s contention that he has reached a stated age or, alternatively, to say within what age group of about 10 years he probably belongs.
Dr FlNDLAY MB ChB DTM HPrincipal Medical OfficerDepartment of Health and Social Security”.
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