My client and his wife are both over 65 and his wife has health problems. They both have US passports. He came to the UK to work some years ago but is now not able to find work. He now has no income. His passport has been stamped that he has leave to remain, only if he and his dependants do not have recourse to public funds. Is there any way he could claim benefits such as housing benefit/pension credit on grounds of ill health , advanced age etc.? He does not have a National Insurance number and neither does his wife.

Irrespective of recourse, both the clmt AND the ptnr MUST satisfy the NINO requirement. Important: it is not enough for only one of a couple to satisfy the requirement - BOTH must.

That means they must either obtain a NINO, or provide such information to enable a NINO to be allocated. The law is s.1; subsections (1A) & (1B) of the SSA 1992, as amended. The requirement was confirmed in Sec of State for DWP v Wilson earlier this year.

---------------------------- The law.....

(a) the claim is accompanied by (i) a statement of the person's national insurance number and information or evidence establishing that the number has been allocated to that person; or (ii) information or evidence enabling the national insurance number that has been allocated to the person to be ascertained; or

(b) the person makes an application for a national insurance number to be allocated to him which is accompanied by information or evidence enabling such a number to be so allocated"
----------------------------

Regards

If this customer has been working in the UK - why no NINO?
Has he paid any NIC whilst working here to be entitled to some State Pension?
Are there any US benefits they can/should be claiming?

Thank you both for your advice