Clarification of NINO Prosecution Cases

1. Further to our telekit meeting on 14 June, I agreed to copy you into my notes on the distinctions between which sort of cases should be taken forward by DWP staff for prosecution, and which should fall within the remit of the Home Office Immigration & Nationality Directorate (IND).

2. This is a complex area, and we agreed that updated guidance highlighting the necessary distinctions should be made available to operational staff at the earliest opportunity (SNAP Guide re-write is due in October with work commencing in July). in the meantime, this note could be used as an interim measure to alert Professional Standards Unit (Richard) and lawyers (Amanda) as to the correct course of action for each category of offence.

3. The distinctions staff need to concentrate upon in considering which course of action is appropriate centre upon:

• Whether the applicant is submitting an application based upon a made-up false identity

or:

• Whether the applicant has submitted falsified documentation in an attempt to legitimise his need for a NINO (eg removal / amendment of right to work restrictions imposed as a condition of stay) - without necessarily applying under a false identity:

• The specific persona! circumstances of the application (see paragraph 4 below).

4. Annexes 1-4 highlight the current correct procedures according to the personal circumstances (eg, in employment; actively seeking work etc) at the time of application to NINO. They are as follows:

• Annex 1: Applicant in employment & has falsified a genuine Immigration document. Where DWP is satisfied as to the individual’s identity, a NINO would be issued in this situation even if we have suspicions around his immigration status. Any prosecution action in respect of the falsified immigration documentation would be the responsibility of IND — NOT DWP.

• Annex 2: Applicant in employment, actively seeking work or claiming benefit & has provided suspect documentation in support of establishing his identity (this may include immigration documentation). A NINO would NOT be issued in this situation (as we have concerns as to the individual’s identity). Any prosecution action relating to this offence would be the responsibility of DWP.

• Annex 3: Applicant is actively seeking work & has falsified a genuine Immigration document. NINO would NOT be issued in this instance (on the basis that there is no immediate need for a NINO), and via the DCI10K procedure would be passed to IND for further action.

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