complex case on law pre 2004. Have a client on income support husband no national insurance. His status was limited access. was refused benefit for coucil tax as husband could not produce a relevant national insurance number. she has been on income support since 1998. Now has arrears of 12k. She has a letter stating can not get council benefit 2002 due to her being a couple and he can not produce national insurance number. Wont give her the 25% single occupanncy either.. Law stipulate Social security fraud act. I can not find the law as thought this only came in 2004. Anyone know where i could find it.

Thanks

S19 of the Socail Security Administration (Fraud) Act 1997 amended the 1992 Social Security Administration Act.

On the face of it you will also be caught by the Court of Appeals ruling in Wilson v Secretary of State for Work and Pesnsions (reported as R(H)7/06) but I think the impact of Wilson may be more limited than many LA's seem to think following CH/4085/2007.

This will not be an issue for long.
See HB/CTB A4 2009

!"The Social Security (National Insurance Number Information: Exemption) Regulations 2009 come into force on 6 April 2009. This will amend HB/CTB Regulations to remove the requirement for a partner who does not have leave to enter or remain in the UK to be allocated a NINO."

HB/CTB A4 2009 is available from today's rightsnet news story @

Requirement for NINOs to be allocated to partners of HB claimants who have no right to be in the UK