The Social Security (National Insurance Number Information: Exemption) Regulations 2009
| Jurisdiction | UK Non-devolved |
| Citation | SI 2009/471 |
| Year | 2009 |
2009 No. 471
Social Security
The Social Security (National Insurance Number Information: Exemption) Regulations 2009
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 19921, makes the following Regulations.
In accordance with section 173(1)(b)2of 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.
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 19763(disapplication of section 1(1A) of the Administration Act4), at the end of paragraph (c) add—
“(d)
“(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 19995; 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 19796(disapplication of section 1(1A) of the Administration Act for the purposes of retirement pension), at the end of paragraph (b) add—
“(c)
“(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 19997; 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 19878(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 19999; 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 198710(disapplication of section 1(1A) of the Administration Act), at the end of paragraph (b) add—
“(c)
“(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 Act11; 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 199412(disapplication of section 1(1A) of the Administration Act), at the end of paragraph (b) add—
“(c)
“(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 199913; 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 199614(disapplication of section 1(1A) of the Administration Act), at the end of paragraph (b) add—
“(c)
“(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 200215(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 199916;
(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 200617(cases in which section 1(1A) of the Administration Act is disapplied), at the end of paragraph (b) add—
“(c)
“(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 200618(cases in which section 1(1A) of the Administration Act is disapplied), at the end of paragraph (b) add—
“(c)
“(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 199919;
(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 200620(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...
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