I've got a client whose had his JSA stopped as his wifes immigration status is unclear and she has no ID other than an emergency passport that is 10 years out of date.

Mr is fit and well.

JSA requires a joint claim and she can't satisfy the NINO requirement.

I've put the appeal in on HRA grounds as CPAG suggest.

Any other idea's or experience?

Is there any document that can be had from the Home office ( of course if it knows that the client is in UK; as a spouse, asylum seeker; or whatever) that DWP could then issue one? S1 of SSAct 1992 requires a nino, and s19 of the Fraud Act 1997 at para (1B)(b)states that: "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." So I would imagine if there is any information (documented) to show she is who she is, things could happen, whilst an appeal is pending. Though from the your information it seems that circs is not as simple as I think it is.

Sorry for the delay. I've been off sick and playing catch up.

Turns out the the clients wife has no immigration status as such and has been here for 13 years as an overstayer?

Mrs does have a ten year old emergency passport from the Malaysian High Commission for one way travel from the UK to Malaysia only. This was never used.

I've referred Mrs to the local law centre for immigration advice but they're still waiting for an appt. to discuss.

They're reluctant to reveal Mrs' immigration status without seeking further advice on how it will affect her.

The appeal looks bad as she has no status at present.

Am I seeing this right?

I would say wait to hear what the immigration legal adviser says before making any moves. However, on the basis of what you have said it sounds doubtful that your appeal will succeed. The client's best bet may well lie in making an application to naturalise as a british citizen on the basis of residency over 12 years or some other way of regularising her status here. As an overstayer there is no good route into mainstream welfare benefits (depending on health you may get social services interested in support but that is another story).