26 March 2018, by Desmond Rutledge
OM v Her Majesty’s Revenue and Customs (CHB) (Benefits for children – other)  UKUT 50 (AAC), E. Mitchell. 4 February 2018, concerned a Romanian national, Mr M, who had arrived in the UK in May 2012, and lived with his partner, Mrs M, who was also a Romanian national.
Mr M applied for Child Benefit (ChB) in October 2012 and again in January 2013.
Both Mr M and Mrs M made numerous applications for a National Insurance Number (NINO) but these were refused for various reasons, including “a failure to provide sufficient evidence of a right to work”.
Mr M was eventually allocated a NINO and awarded ChB from May 2014.
A First-tier Tribunal (FTT) dismissed his appeal in relation to the earlier claims for ChB saying it had no power to waive the NINO requirement.
The Upper Tribunal allowed the appeal saying that the FTT had overlooked section 13(1B)(b) of the Social Security Administration Act 1992, which allows for a claimant to be awarded ChB without actual allocation of a NINO. The case was remitted to a new FTT.
Judge Mitchell went on to observe that in order to comply with regulation 9 of the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations 2001, SI 2001/769, the application needs to be accompanied by one of the documents specified in Schedule 1 to the Immigration (Restrictions on Employment) Order 2007, SI 2007/3290, (the version in force from 16 June 2014).
List A of the Schedule includes documents such as passports, identity cards or registration certificates. List B includes documents that evidence work-related rights. But there is no requirement to provide a document from both lists. The evidence indicated that Mr M had made a NINO application which complied with regulation 9:
“If … the DWP apply some additional criteria on applications for allocation of a national insurance number then these need to be disclosed if benefit is denied on the ground that an applicant failed to supply information or evidence to enable allocation of a national insurance number. If they are not disclosed, then in my view an individual who makes a regulation 9-compliant application for allocation of a national insurance number must be taken to have provided information or evidence to enable allocation of a national insurance number.” (At para ).