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

• Citation: S.I. 2009/471
• Sections: 13

Section 1 Citation 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.

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

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

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

Section 3 Amendment 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 1979 (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 ; and

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

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

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

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

Section 5 Amendment of the Income Support (General) Regulations 1987

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

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

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

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

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

Section 7 Amendment of the Jobseeker’s Allowance Regulations 1996

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

Section 8 Amendment of the State Pension Credit Regulations 2002

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

(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.

Section 9 Amendment of the Housing Benefit Regulations 2006

In regulation 4 of the Housing Benefit Regulations 2006 (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.

Section 10 Amendment 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 2006 (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 ;

(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.

Section 11 Amendment of the Council Tax Benefit Regulations 2006

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

Section 12 Amendment 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 2006 (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.

Section 13 Amendment of the Employment and Support Allowance Regulations 2008

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