tax credit claim for non EU spouse on a EU family permit

[mutarara]

I'm Belgian, resident in the UK since 1997. My wife is Mozambican and moved to the UK on a EU family permit in January 2011, together with my (step) daughter.

We applied for tax credits and child benefit the 31st of March.

In July our little son was born, who was added to the claim.

We received a decision and were refused tax credits as HMRC "can not find a record for one of the adults on my claim" (which can only be my wife)

Am I right to assume this is because she has no NI number?

We received a letter from the HMRC in July they could only proceed with our claim AFTER a NI number for my wife was issued. Our case was being forwarded to the DWP, so she could get an interview at the Jobcentre Plus.

We never received this invitation, and the DWP always refers us back to the HMRC, who in turn refer us back to the DWP.

Under what grounds can we appeal?

Thank you

[toni34]

then book an appoitment yourself to get NI it is ur right

[mutarara]

That's exactly the problem, we tried to book one but the DWP refuses as the application should come from the HMRC. HMRC sends us to DWP, DWP sends us back to HMRC

[toni34]

dont think so,i initially got an appointment via hmrc for ni but i didnt go cause i was working away,later i booked my appointment with being refered by the dwp.so you should go to your local job centre then make an appointment.