Hello - its Friday again so brain not functioning

I've got a client who was previously getting HB and CTB. He had to move from property and into hospital and then care home, following domestic violence.

Is now in new property, but local council not processing claim as has not provided proof of ID. Client extremely vulnerable, and support workers have not been able to find any of the kinds of proof that the LA are requesting.

Do the LA have any discretion to accept claim without proof of ID? Previous claim was with same LA. Is getting other benefits from DWP but I'm not sure what at this stage.

Ta JK

As far as I am aware their is no requirement to provide proof of identity for any subsequent HB claims as the LA will already hold ID from his previous claim.It may be they wanted proof of his income or savings but if he is in receipr of benefits they can obtain this using their RAT terminal linked to the DWP.

Proof of ID arises out of the NINO requirement. Simply put, a clmt is required to provide "information or evidence" to show that the NINO belongs to him/her. That requirement is not open to discretion.

However, what counts as information or evidence? Nothing is specified in legislation, so LAs tend to rely on DWP guidance as to what is "acceptable".

My view is that if the clmt is able to provide DWP notification letters AND the LA is satisfied it relates to that person, I can no GOOD reason for the LA refusing that notification as being sufficient for the purpose of satisfying the ID requirement. Also, it should be strong evidence if his Doctor and/or support workers can verify he is who he says.

Hope this helps.

There is no absolute requirement to produce documentary evidence of ID (as distinct from NINO). LA can use discretion appropriate to the circumstances.

The following is an extract from part B of the DWP's HB/CTB Security Guidance Manual 2006/2007. The full document is available at

http://www.dwp.gov.uk/publications/dwp/2006/hbct/security-manual.pdf

1.48 Not all claimants will be able to produce the same, or in some cases any, documentation, as their individual circumstances will affect their ability to supply such evidence. For example a victim of domestic violence who has fled the marital home without prior planning may not have taken any documents with them. It may
not be reasonable to expect them to retrieve documentation in such circumstances.
1.49 In cases such as this, it may be that the LA chooses to rely on evidence from a third party, such as a social worker or other responsible person, who can provide a statement to help support the claimant’s identity.

Just to follow up ramsfan's post, a new claim is a claim in its own right and, strictly speaking, the NINO/ID requirement applies to each claim. In practice, the majority of LAs I have experience of do exactly what ramsfan implies - they refer to evidence of ID that has been provided in support of previous claims.

thanks for clarifying that - I agree that the LA should accept a letter from the support worker confirming his identity if they are insisting on taking ID again on all new claims.