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The Social Security (National Insurance Number Information: Exemption) Regulations 2009

S.I. 2009/471 · Made 4 March 2009

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Social Security

Made 4th March 2009

Laid before Parliament 9th March 2009

Coming into force 6th April 2009

The Secretary of State for Work and Pensions, in exercise of the powers conferred by sections 1(1C)(a) and (c), 189(1) and (4) and 191 of the Social Security Administration Act 1992f1, makes the following Regulations.

In accordance with section 173(1)(b)f2 of the Social Security Administration Act 1992, the Secretary of State has obtained the agreement of the Social Security Advisory Committee that proposals to make these Regulations should not be referred to it.

In accordance with section 176(1) of the Social Security Administration Act 1992, the Secretary of State has consulted with organisations appearing to the Secretary of State to be representative of the authorities concerned.

Annotations to the whole text

Footnotes

f1

1992 c. 5. Section 1(1C) was inserted by section 19 of the Social Security Administration (Fraud) Act 1997 (c. 47). Section 189(1) and (4) was amended by paragraph 109 of Schedule 7 and Schedule 8 to the Social Security Act 1998 (c. 14) and subsection (1) was further amended by paragraph 57(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2) and Schedule 6 to the Tax Credits Act 2002 (c. 21). Section 191 is cited for the meaning of the word “prescribe”.

f2

See section 172(1) of the Social Security Administration Act 1992 (c. 5).

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Social Security (Invalid Care Allowance) Regulations 1976
  3. 3Amendment of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979
  4. 4Amendment of the Social Security (Maternity Allowance) Regulations 1987
  5. 5Amendment of the Income Support (General) Regulations 1987
  6. 6Amendment of the Social Security (Incapacity Benefit) Regulations 1994
  7. 7Amendment of the Jobseeker’s Allowance Regulations 1996
  8. 8Amendment of the State Pension Credit Regulations 2002
  9. 9Amendment of the Housing Benefit Regulations 2006
  10. 10Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
  11. 11Amendment of the Council Tax Benefit Regulations 2006
  12. 12Amendment of the Council Tax (Persons who have attained the qualifying age for state pension credit) Regulations 2006
  13. 13Amendment of the Employment and Support Allowance Regulations 2008
  14. Signature
  15. Explanatory note

1Citation and commencement

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.

2Amendment of the Social Security (Invalid Care Allowance) Regulations 1976

In regulation 2A of the Social Security (Invalid Care Allowance) Regulations 1976f1 (disapplication of section 1(1A) of the Administration Actf2), 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 1999f3; and

(iii)

has not previously been allocated a national insurance number.”.

3Amendment of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979

In regulation 1A of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979f1 (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 1999f2; and

(iii)

has not previously been allocated a national insurance number.”.

4Amendment of the Social Security (Maternity Allowance) Regulations 1987

For regulation 1A of the Social Security (Maternity Allowance) Regulations 1987f1 (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 1999f2; and

(c)

has not previously been allocated a national insurance number.”.

5Amendment of the Income Support (General) Regulations 1987

In regulation 2A of the Income Support (General) Regulations 1987f1 (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 Actf2; and

(iv)

has not previously been allocated a national insurance number.”.

6Amendment of the Social Security (Incapacity Benefit) Regulations 1994

In regulation 2A of the Social Security (Incapacity Benefit) Regulations 1994f1 (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 1999f2; and

(iii)

has not previously been allocated a national insurance number.”.

7Amendment of the Jobseeker’s Allowance Regulations 1996

In regulation 2A of the Jobseeker’s Allowance Regulations 1996f1 (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.”.

8Amendment of the State Pension Credit Regulations 2002

After regulation 1 of the State Pension Credit Regulations 2002f1 (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 1999f2;

(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.”.

9Amendment of the Housing Benefit Regulations 2006

In regulation 4 of the Housing Benefit Regulations 2006f1 (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.”.

10Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

In regulation 4 of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006f1 (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 1999f2;

(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.”.

11Amendment of the Council Tax Benefit Regulations 2006

For regulation 4 of the Council Tax Benefit Regulations 2006f1 (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.”.

12Amendment of the Council Tax (Persons who have attained the qualifying age for state pension credit) Regulations 2006

For regulation 4 of the Council Tax (Persons who have attained the qualifying age for state pension credit) Regulations 2006f1 (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.”.

13Amendment of the Employment and Support Allowance Regulations 2008

After regulation 2 of the Employment and Support Allowance Regulations 2008f1 (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.”.

Signature

Signed by authority of the Secretary of State for Work and Pensions.

Tony McNulty

Minister of State,

Department for Work and Pensions

4th March 2009

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.