Thu 21-Sep-06 10:48 AM by ken
The 20 December 2005 rightsnet news story highlighted the issuing of DWP guidance on the action decision makers should take pending the outcome of Secretary of State's appeal to the Court of Appeal in Secretary of State for Work and Pensions v Wilson.
The Court of Appeal has since issued its judgment and, in brief, ruled that the claimant had claimed housing benefit in respect of his wife, despite her having no recourse to public funds, because her capital and income would have been taken into account in determination of any HB award.
In consequence the condition that she had either -
- provided a national insurance number (NINO), or
- given information to enable a NINO to be ascertained, or
- applied for a NINO
- had to be satisfied to enable an award of benefit to be made to the claimant.
(See the 03 July 2006 rightsnet news story - Need for both members of a couple to supply a national insurance number when claiming benefit - New Court of Appeal judgment)
The DWP has also issued new guidance in relation to the Court of Appeal's judgment - HB/CTB General Information Bulletin G7/2006 (pdf) and DMG letter 13/06 (pdf).
Prior to the Wilson judgment, CPAG issued a briefing designed to help advisers deal with NINO problems.
The CPAG briefing Welfare Benefits, Tax Credits, and National Insurance Numbers is available here.
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