Ngoc Hong Thi Bui, R (on the application of) v Secretary of State for Work and Pensions

Ngoc Hong Thi Bui, R (on the application of) v Secretary of State for Work and Pensions

The Court held that s. 1(1B)(b) SSAA 1992 requires claimants to provide information or evidence that actually justifies the allocation of a NINo, not merely evidence that appears sufficient on its face. Full verification is required before entitlement to Universal Credit is established. However, the Court found that the Secretary of State's position that it is never possible to make an advance payment to a claimant without a NINo is not warranted by the language of the regulations. In principle, the Secretary of State can consider whether it is likely that the conditions of entitlement are met, even before full verification, though practical implementation is for the Secretary of State to...

Parties
Claimant / Appellant: Ngoc Hong Thi Bui; Claimant / Appellant: Idowu Onakoya; Defendant / Respondent: Secretary of State for Work and Pensions
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Judicial Review Appeal / Appeal From Upper Tribunal (administrative Appeals Chamber) to Court of Appeal
Outcome
Appeal allowed in part; dismissed in part
Legal Topics
Universal Credit, National Insurance Number (nino), Advance Payments, Entitlement Conditions, Judicial Review, Statutory Interpretation
Social Security Law Administrative Law Universal Credit National Insurance Number (nino) Advance Payments Entitlement Conditions Judicial Review Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

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Parties

Ngoc Hong Thi Bui

Claimant / Appellant

Idowu Onakoya

Claimant / Appellant

Secretary of State for Work and Pensions

Defendant / Respondent

Procedural Posture

Judicial Review Appeal / Appeal From Upper Tribunal (administrative Appeals Chamber) to Court of Appeal

Legal Issues

  1. 1 Whether the Secretary of State's policy of not making advance payments of Universal Credit to claimants without a National Insurance Number is lawful
  2. 2 Interpretation of s. 1(1B)(b) Social Security Administration Act 1992 regarding evidence required for NINo allocation
  3. 3 Whether the administrative process for NINo allocation is rational and lawful

Ratio Decidendi

The Court held that s. 1(1B)(b) SSAA 1992 requires claimants to provide information or evidence that actually justifies the allocation of a NINo, not merely evidence that appears sufficient on its face. Full verification is required before entitlement to Universal Credit is established. However, the Court found that the Secretary of State's position that it is never possible to make an advance payment to a claimant without a NINo is not warranted by the language of the regulations. In principle, the Secretary of State can consider whether it is likely that the conditions of entitlement are met, even before full verification, though practical implementation is for the Secretary of State to...

Court Disposition

Appeal allowed in part; dismissed in part

Orders

  • Ground 1 (advance payments): Appeal allowed to the extent that the Secretary of State's blanket policy is unlawful;
  • Ground 2 (statutory interpretation): Appeal dismissed;