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No NI number / claiming benefits

(5 Posts)
artiface Sat 29-Mar-14 22:08:10

My ex has remarried a non - eu national. They have a young child. He hasn't paid any child maintenance for a long time (even when he was in work) due to debts. I would imagine that if he were able to claim he would be entitled to benefit to support for his first (our) child.
He says he cannot get benefits as his wife has no NI number and this means he can't claim at all. This seems very odd as how are they supposed to manage? I can understand her not being able to claim, but he is British.
Does anyone have any idea? Thanks

sarahquilt Sun 30-Mar-14 09:23:11

It sounds odd to me but it's easy to get a NI number as long as you're legal, obviously. I'm from Republic of Ireland and had to get a NI number when I moved here in 2002. All I had to do was take my documents to the council offices and hang around for the day. Is it possible she's on a tourist visa or something and isn't allowed one? I'd look into it if I were you, seems odd.

tribpot Sun 30-Mar-14 09:40:12

And equally I can't see what her status has to do with his ability to claim child benefit/WTC or whatever it is you think he would be entitled to claim in relation to your child.

MairyHoles Sun 30-Mar-14 11:12:31

As I understand it, they would have to make a joint claim as a married couple. Assuming the wife is here on a spouse visa and not another type, then she, as a non EU national likely has a "no recourse to public funds" clause in her visa, often for a few years after she settles here. Claiming as a couple could be a trigger that she is breaching her visa, she could get her next visa application denied or be deported. I think when she arrived in the country he would have had to confirm he had the funds to support her, you don't get a visa automatically for being married. Surely he's working somewhere, though, he can't live on fresh air alone! His repaying debt would be no concern to the CSA.

sarahquilt Sun 30-Mar-14 14:28:35

He's suggesting that they're living on nothing which sounds like bollix to me. They must have some income.

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