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 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; andiii 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 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; andiii 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 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; andc 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 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; andiv 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 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; andiii 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 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; andiv 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 2002 (citation, commencement and interpretation), insert—“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); andd has not previously been allocated a national insurance number.”
9Amendment 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); andiv 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 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); andiv 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 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); andiv 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 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); andiv 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 2008 (interpretation), insert—“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; andd has not previously been allocated a national insurance number.”
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