Delays in issuing NI No's to new refugees following request by Home Office - short term advances of benefits

The request was partially successful.

Dear Department for Work and Pensions,

My organisation, WDCOS, helps new refugees. Ideally the Home Office asks DWP to issue an NI NO and this is then sent by the Home Office to the refugee along with their 'refugee decision' letter. However frequently there are delays (not sure if this is due to failings within DWP or Home Office or both) and so Home Office refugee decision letters are often sent with information that the NI No will follow later.

In such circumstances refugees are unable to claim benefits on-line because they have no NI No. When benefit claims are made the claims are often delayed pending the issue of an NI No. Sometimes refugees are asked to attend a separate NI No interview at a regional centre when the only documentation they have is the Home Office decision letter granting refugee status - which duplicates the information which the Home Office have already sent to DWP when they requested the NI No at the outset. Is this interview process a wasted duplication of effort for all concerned?

1. Are those benefit claimants who are refugees, eligible for short-term advances for the relevant benefit (which depending on circumstances might be JSA or ESA or IS or UC) pending receipt of an NI NO - and if so can I have a copy of any DWP guidance which makes this explicit.

2. If DWP has not yet issued an NI No to a refugee, has such a refugee failed to establish their underlying entitlement to (any) relevant benefit (JSA or ESA or IS or UC); and as such is the refugee ineligible for any short-term benefit advances until they receive their NI NO - and if so can I have a copy of any DWP guidance which makes explicit that such refugees are excluded from short-term benefit advances of their relevant benefit.

3. If refugees without an NI No are excluded from the relevant benefit and any short-term advance can I have a copy of any guidance which clarifies what if anything they can claim to meet their urgent needs for food and accommodation whilst waiting for an NI NO from DWP.

4. I am seeking copies of relevant guidance that will clarify how best to pursue a benefit claim in the following circumstances. WDCOS has recently dealt with a single mother with one child (under age 2) granted refugee status but as yet no NI No. She has HOme Office letters and biometric residence permits for herself and her child. With our help she has claimed child benefit and child tax credit - but these decision may take up to 8 weeks or longer. Meantime she has been told by the DWP local office she cannot claim IS because in the absence of child benefit and child tax credit she cannot prove she is entitled to claim benefits for her child - and the Home Office biometric residence permits and refugee decision letters are said to be insufficient for DWP IS purposes. She has been told she cannot claim short-term advance of IS because she has not yet established any title to IS (no proof of NI NO; and no proof of eligible child). She has therefore been told to claim JSA until she gets child benefit or child tax credit; and only then to claim IS in place of JSA. However she has been told that JSA may be delayed because she has no NI No and short-term advance of JSA is not appropriate as she has not established any underlying entitlement to JSA. She may therefore have to go without any income for up to 8 weeks until child benefit and/or and NI No is issued.

4a - Does this broad outline of the case conform with DWP guidance on how such claims should be dealt with; in which case we appreciate we might need to approach Ministers via the local MP to seek a change in the regulations, or

4b - Should a refugee single parent with a young child in such circumstances be eligible to claim IS from the outset, with short-term advance of IS in the interim, with a recognition that the delay in receiving an NI No is down to DWP delay; and the delay in receiving Child Benefit and Child Tax Credit is due to HMRC processes outside of the clamant's control. Can I have copies of the relevant guidance which covers such situations so that I can help her apply for the relevant benefits or

4c - Can you outline the DWP policy intention for what a refugee should do in such circumstances so that they can claim (some) benefit or any other payment to enable them survive until such time as an NI No and child benefit is issued. Can you provide a copy of the DWP guidance on the relevant processing of such a claim.

Yours faithfully,

Brian Martin
Wakefield District, City of Sanctuary

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Dear DWP Strategy Freedom of Information,

Can you please explain the delay in responding to my request; and give details of when a substantive replay can be expected.

Thanks

Yours sincerely,

Brian martin

DWP Strategy Freedom of Information, Department for Work and Pensions

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Mr Martin
 
Please see copy of your FoI request attached
 
 
 

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