58. Memorandum submitted by
the Department for Works and Pensions (DWP)
DWP RESPONSE TO NATIONAL INSURANCE NUMBER (NINO)
ISSUES RAISED BY THE COMMITTEE TO RT HON LIAM BYRNE MP (HOME OFFICE
MINISTER) & MS LIN HOMER (IMMIGRATION AND NATIONALITY DIRECTORATE)
ON 13 JUNE 2006.
In response to the specific issues raised by
the Committee:
Q1204—Will NINOs be withdrawn from people
who no longer have the right to work or claim benefits in the
UK?
A: A change to the existing NINO allocation
policy and procedures is to come into effect from July 2006 which
will remove the right to an employment-related National Insurance
number for those who have no right to work in the UK.
It is not desirable to withdraw any NINOs that
have been issued prior to this period. For example, people who
were illegal workers at the time may since have acquired the right
to work and withdrawing their NINO would be counter-productive.
In such cases, details have already been passed to the Home Office
Immigration and Nationality Directorate for them to take up the
appropriate follow-up action.
Q1213-1221—The timetable for implementing
the DWP's 5 June announcement that NINOs would not be issued unless
the person has a right to work in the UK?
A: The written ministerial statement of
5th June confirmed that the necessary changes would take place
from July 2006. Arrangements to make the changes are currently
in hand and the precise implementation date will be announced
as soon as it becomes available.
Q1222—Will NINOs also be refused to people
who do not have the right to access public funds in the UK?
A The changes to NINO allocation procedures
will prevent individuals who have no right to remain in the UK
or have right to work restrictions placed upon them from obtaining
a NINO for employment purposes.
Individuals who have no recourse to public fund
restrictions may be legally entitled to work (unless there are
further restrictions placed upon their employment) in the UK and
therefore would be able to satisfy the employment-related NINO
right to work condition. A NINO would therefore be issued under
those circumstances.
Generally speaking, where someone has no recourse
to public funds or right to work, a NINO would not be issued.
However, there are legitimate circumstances where an individual
who has work restrictions, no recourse to public funds or both,
can still legitimately require a NINO. For example, if a foreign
partner joins a UK national who is claiming Income Support (IS)
both partners have to be included within the benefit claim unit—and
a NINO is required for both partners. However, in such circumstances
no benefit would be paid in respect of the foreign partner being
a member of the household and any income or capital the foreign
partner may have would be taken into account as available to the
household.
However, where someone has acquired a NINO legitimately
under such circumstances or for legitimate employment purposes
but who has no recourse to public funds, there are a variety of
robust processes in place to ensure that such a person cannot
access such public funds. Possession of a NINO does not provide
automatic entitlement to DWP benefits. The use of a NINO in isolation
is not sufficient to obtain benefits, and there are a variety
of robust checks in place for verifying entitlement to a benefit
claim.
30 June 2006
| 
