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Complex NINO,immigration,HB query!
Hi all,
Please provide any advice on this matter!
My client Mrs Ahmed (Pakistani) took the identituy of a dead pakistani person that had a British Nationality. Mrs Ahmed then marries a fellow Pakistani in Pakistan and they move to the UK.
Her husband gains British Citizenship via marriage and they have children born in the UK that also have UK citizenship
In 2010 Mrs Ahmed is found out somehow regarding this false identity and HB and CTB has been suspended and an overpayment of £12,000 claimed back
Mrs Ahmed has a Crown court hearing next month and she has pleaded guilty to claiming these benefits and claiming by deception
So Mr Ahmed claimed HB in his own name in July and this was refused ‘This is because of a misrepresentation regarding your/your partner’s identity’
We sent a letter to HB to state that Mr Ahmeed has been cleared of any wrong doing by the police and that he is also a victim in this as he states that he married a women with a false identity. We further stated that he works PT and he and his children has British pasports.
This was refused in August becuase ‘Gov regs require a claimant for HB to provide a valid NINO for themselves and partner. As your wife is not the person allocated the NINO you have provided HB cannot be awarded’
I have a letter from Mrs Ahmeds criminal solicitor to state that her immigration status has not been revoked and that there are no proceedings against her husband. The solicitor will not become involved in this matter as they state that they have no knowledge of the benefits system.
Has anyone any ideas on this please?. I am in touch with benefit speciast support and I am waiting for a callback regarding this.
Tax credits have also been suspended recently and hence the household income is Mr Ahmeds part time wage only which does not cover rent and household costs and hence they are obtaining money from friends.
Wife cannot apply for NINO in new/real name as all docs are with the police
Is the only way for the wife to leave and the family apply in own right which contravenes Article 8?
Thanks
Dave
Oldham CAB
0161 620 9317 ext 1023
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