Citation and commencement

1. These Regulations may be cited as the Social Security (National Insurance Number Information: Exemption) Regulations 2009 and shall come into force on 6th April 2009.

Amendment of the Social Security (Invalid Care Allowance) Regulations 1976

2. In regulation 2A of the Social Security (Invalid Care Allowance) Regulations 1976(3) (disapplication of section 1(1A) of the Administration Act(4)), at the end of paragraph (c) add–

"(d) to an adult dependant who–

(i) is a person in respect of whom a claim for an increase of carer´s allowance is made;

(ii) is subject to immigration control within the meaning of section 115(9)(a) of the Immigration and Asylum Act 1999(5); and

(iii) has not previously been allocated a national insurance number.".

Amendment of the Social Security (Widow´s Benefit and Retirement Pensions) Regulations 1979

3. In regulation 1A of the Social Security (Widow´s Benefit and Retirement Pensions) Regulations 1979(6) (disapplication of section 1(1A) of the Administration Act for the purposes of retirement pension), at the end of paragraph (b) add–

"(c) to an adult dependant who–

(i) is a person in respect of whom a claim for an increase of retirement pension is made;

(ii) is subject to immigration control within the meaning of section 115(9)(a) of the Immigration and Asylum Act 1999(7); and

(iii) has not previously been allocated a national insurance number.".

Amendment of the Social Security (Maternity Allowance) Regulations 1987

4. For regulation 1A of the Social Security (Maternity Allowance) Regulations 1987(8) (disapplication of section 1(1A) of the Administration Act), substitute–

"1A. Section 1(1A) of the Social Security Administration Act 1992 (requirement to state a national insurance number) shall not apply to an adult dependant who–

(a) is a person in respect of whom a claim for an increase of maternity allowance is made;

(b) is subject to immigration control within the meaning of section 115(9)(a) of the Immigration and Asylum Act 1999(9); and

(c) has not previously been allocated a national insurance number.".

Amendment of the Income Support (General) Regulations 1987

5. In regulation 2A of the Income Support (General) Regulations 1987(10) (disapplication of section 1(1A) of the Administration Act), at the end of paragraph (b) add–

"(c) to a person who–

(i) is a person in respect of whom a claim for income support is made;

(ii) is subject to immigration control within the meaning of section 115(9)(a) of the Immigration and Asylum Act;

(iii) is not entitled to any income support for the purposes of section 124 of the Contributions and Benefits Act(11); and

(iv) has not previously been allocated a national insurance number.".

Amendment of the Social Security (Incapacity Benefit) Regulations 1994

6. In regulation 2A of the Social Security (Incapacity Benefit) Regulations 1994(12) (disapplication of section 1(1A) of the Administration Act), at the end of paragraph (b) add–

"(c) to an adult dependant who–

(i) is a person in respect of whom a claim for an increase of incapacity benefit is made;

(ii) is subject to immigration control within the meaning of section 115(9)(a) of the Immigration and Asylum Act 1999(13); and

(iii) has not previously been allocated a national insurance number.".

Amendment of the Jobseeker´s Allowance Regulations 1996

7. In regulation 2A of the Jobseeker´s Allowance Regulations 1996(14) (disapplication of section 1(1A) of the Administration Act), at the end of paragraph (b) add–

"(c) to a person who–

(i) is a person in respect of whom a claim for jobseeker´s allowance is made;

(ii) is subject to immigration control within the meaning of section 115(9)(a) of the Immigration and Asylum Act;

(iii) is not entitled to any jobseeker´s allowance for the purposes of section 1 of the Act; and

(iv) has not previously been allocated a national insurance number.".

Amendment of the State Pension Credit Regulations 2002

8. After regulation 1 of the State Pension Credit Regulations 2002(15) (citation, commencement and interpretation), insert–

"Disapplication of section 1(1A) of the Social Security Administration Act

1A. Section 1(1A) of the Social Security Administration Act 1992 (requirement to state a national insurance number) shall not apply to a person who–

(a) is a person in respect of whom a claim for state pension credit is made;

(b) is subject to immigration control within the meaning of section 115(9)(a) of the Immigration and Asylum Act 1999(16);

(c) does not satisfy the conditions of entitlement to state pension credit as specified in section 1(2); and

(d) has not previously been allocated a national insurance number.".

Amendment of the Housing Benefit Regulations 2006

9. In regulation 4 of the Housing Benefit Regulations 2006(17) (cases in which section 1(1A) of the Administration Act is disapplied), at the end of paragraph (b) add–

"(c) to a person who–

(i) is a person in respect of whom a claim for housing benefit is made;

(ii) is subject to immigration control within the meaning of section 115(9)(a) of the Immigration and Asylum Act;

(iii) is a person from abroad for the purposes of these Regulations as defined in regulation 10(2); and

(iv) has not previously been allocated a national insurance number.".

Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

10. In regulation 4 of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006(18) (cases in which section 1(1A) of the Administration Act is disapplied), at the end of paragraph (b) add–

"(c) to a person who–

(i) is a person in respect of whom a claim for housing benefit is made;

(ii) is subject to immigration control within the meaning of section 115(9)(a) of the Immigration and Asylum Act 1999(19);

(iii) is a person from abroad for the purposes of these Regulations as defined in regulation 10(2); and

(iv) has not previously been allocated a national insurance number.".

Amendment of the Council Tax Benefit Regulations 2006

11. For regulation 4 of the Council Tax Benefit Regulations 2006(20) (disapplication of section 1(1A) of the Administration Act), substitute–

"4. Section 1(1A) of the Administration Act (requirement to state a national insurance number) shall not apply–

(a) in the case of a child or young person in respect of whom council tax benefit is claimed;

(b) to a person who–

(i) is a person in respect of whom a claim for council tax benefit is made;

(ii) is subject to immigration control within the meaning of section 115(9)(a) of the Immigration and Asylum Act;

(iii) is a person from abroad for the purposes of these Regulations as defined in regulation 7(2); and

(iv) has not previously been allocated a national insurance number.".

Amendment of the Council Tax (Persons who have attained the qualifying age for state pension credit) Regulations 2006

12. For regulation 4 of the Council Tax (Persons who have attained the qualifying age for state pension credit) Regulations 2006(21) (section 1(1A) of the Administration Act disapplied), substitute–

"4. Section 1(1A) of the Administration Act (requirement to state a national insurance number) shall not apply–

(a) in the case of a child or young person in respect of whom council tax benefit is claimed;

(b) to a person who–

(i) is a person in respect of whom a claim for council tax benefit is made;

(ii) is subject to immigration control within the meaning of section 115(9)(a) of the Immigration and Asylum Act;

(iii) is a person from abroad for the purposes of these Regulations as defined in regulation 7(2); and

(iv) has not previously been allocated a national insurance number.".

Amendment of the Employment and Support Allowance Regulations 2008

13. After regulation 2 of the Employment and Support Allowance Regulations 2008(22) (interpretation), insert–

"Disapplication of section 1(1A) of the Social Security Administration Act 1992

2A. Section 1(1A) of the Social Security Administration Act 1992 (requirement to state a national insurance number) shall not apply to a person who–

(a) is a person in respect of whom a claim for employment and support allowance is made;

(b) is subject to immigration control within the meaning of section 115(9)(a) of the Immigration and Asylum Act;

(c) does not satisfy the basic conditions of entitlement to employment and support allowance for the purposes of section 1(3) of the Act; and

(d) has not previously been allocated a national insurance number.".

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Social Security (Invalid Care Allowance) Regulations 1976 (S.I. 1976/409), the Social Security (Widow´s Benefit and Retirement Pensions) Regulations 1979 (S.I. 1979/642), the Social Security (Maternity Allowance) Regulations 1987 (S.I. 1987/416), the Income Support (General) Regulations 1987 (S.I. 1987/1967), the Social Security (Incapacity Benefit) Regulations 1994 (S.I. 1994/2496), the Jobseeker´s Allowance Regulations 1996 (S.I. 1996/207), the State Pension Credit Regulations 2002 (S.I. 2002/1792), the Housing Benefit Regulations 2006 (S.I. 2006/213), the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (S.I. 2006/214), the Council Tax Benefit Regulations 2006 (S.I. 2006/215), the Council Tax (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (S.I. 2006/216) and the Employment and Support Allowance Regulations 2008 (S.I. 2008/794).

The amendments to these instruments provide that where a person is the partner of a benefit claimant, has no right to enter or remain in the UK, is not entitled to social security benefits and does not already have a national insurance number ("NINO"), the claimant will not be required to state a NINO in relation to that person on a claim form.

A full impact assessment has not been produced for this instrument as it has no impact on the private or voluntary sectors.