Lost NI number - advice please

Hi guys - I'm a newly registered here but have lurked the forums for a long time now so here's an official 'Hi"' to everyone!

OK, so my boyfriend just got a temporary job for the Xmas period in retail but has misplaced his National Insurance number. He doesn't have any documentation with it on as he has moved from Cyprus and hasn't been in the UK for 5 years.

He has filled in the form on the HMRC website to request his NI number but has been told that with the weather and backlog this can take up to 12 weeks. It is likely that he will have finished working before he has successfully obtained his NI number from HMRC.

He has also been to the jobcentre with his passport but has been told they can no longer provide NI numbers.

Furthermore he has contacted all of hie previous employers on the off chance he would be able to obtain his number, but none were willing to give it to him understandably due to data protection.

His employer is completely uninterested in doing anything at all, and he will therefore not be paid this month, and there is a very good chance he will be in the same position next month. He has so far completed approximately 40 hours work, and will be working full time hours until his contract ends in mid January.

As I understand it, the employer can send off his P46 without the NI number on and the tax office will automatically trace it. However, the employer will not send off the P46 without a payroll number, and he cannot be set up on payroll without the NI number. I also understand that a payroll number is not necessary for a p46 as the box states 'Payroll number (if any)'.

From my own conversations with HMRC, there is also an employer NI number trace form which can be faxed to HMRC and the turnaround is much quicker.

He has also suggested to his employer that they pay him an 'advance' for this month's estimated net pay, and run the payroll properly once the NI number has been received.

His employer is refusing to entertain any of these options and is refusing to pay him until he provides 'proof' of his NI number. The logic behind this is that she must ensure that he is not an illegal immigrant. Surely his British passport is sufficient for this, as an NI number is not proof of identity, and regardless he has already started working!

So the question is, what obligation is there (if any) on the employer to ensure he gets paid in a timely manner?

The other question is, what implications would there be if he thinks he remembers what his NI number is and gives it to his employer to enable payment, but next month it turns out he had remembered it incorrectly?

Thank you very much for any thoughts or advice you can offer.
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Comments

  • silkyuk9
    silkyuk9 Posts: 2,815 Forumite
    i have read your thread im just going on the title, you can ring the tax office to get your NI number.
    All the big powers they've silenced me. So much for free speech and choice on this fundamental human right, and outing the liars.
  • SeduLOUs
    SeduLOUs Posts: 2,171 Forumite
    silkyuk9 wrote: »
    i have read your thread im just going on the title, you can ring the tax office to get your NI number.

    This was the first thing we did, but they are unable to give out numbers over the phone.
  • silkyuk9
    silkyuk9 Posts: 2,815 Forumite
    dont you have any previous pay slips?? usually on them
    All the big powers they've silenced me. So much for free speech and choice on this fundamental human right, and outing the liars.
  • silkyuk9
    silkyuk9 Posts: 2,815 Forumite
    BTW you are entitle to claim for one lost NI card
    All the big powers they've silenced me. So much for free speech and choice on this fundamental human right, and outing the liars.
  • silkyuk9
    silkyuk9 Posts: 2,815 Forumite
    ive also just had a quick look on the net, apparently if you take your driving licence to the jobcentre they will give it to you on the spot. worth a try.

    'contacting the National Insurance Registrations Helpline on 0845 915 7006
    All the big powers they've silenced me. So much for free speech and choice on this fundamental human right, and outing the liars.
  • MrsManda
    MrsManda Posts: 4,457 Forumite
    Has he checked through all his previous paperwork, he should really have kept some of his official information even if he did leave the country for 5 years -
    P60s, P45s, Wage slips etc...? They should all have his N.I. number on them.

    If you've lost or can't remember your National Insurance number or lost your National Insurance number card

    If you’ve lost or can't remember your number, you might be able to find it on official paperwork like:
    • your P60 (end of year tax statement, given to you by your employer)
    • a payslip
    • a copy of your annual Self Assessment tax return
    • other official correspondence
    If you still can't find your number, you can ask HMRC to confirm it by:
    • completing and returning form CA5403 Your National Insurance number
    • contacting the National Insurance Registrations Helpline on 0845 915 7006 (lines open from 8.30 am to 5.00 pm Monday to Friday)
    HMRC cannot confirm your National Insurance number by telephone. They will write to you instead.
    Get form CA5403 - Your National Insurance number
  • silkyuk9
    silkyuk9 Posts: 2,815 Forumite
    incidentally, i do not have one but i know my number, when i was a young lad i lost my keys to my flat and the only way i could get in was by using a piece of plastic, my NI platic card was a perfect ift, using it every day to get in helped my memorise it!
    All the big powers they've silenced me. So much for free speech and choice on this fundamental human right, and outing the liars.
  • MrsManda
    MrsManda Posts: 4,457 Forumite
    silkyuk9 wrote: »
    BTW you are entitle to claim for one lost NI card

    Not anymore:
    If you've lost your National Insurance number card

    As announced by the Chancellor on 10 September 2010, HMRC no longer issues replacement National Insurance cards. You don't need to have a card - it's the number that's important. If you can't remember your number, find out what to do by reading the section above.
  • I work in the benefit sector and you can find out your National Insurance Number by going into your local benefit office with offical ID, such as driver's license, utility bills etc. They will then be able to write it down for you. Hope this helps.
  • SeduLOUs
    SeduLOUs Posts: 2,171 Forumite
    I work in the benefit sector and you can find out your National Insurance Number by going into your local benefit office with offical ID, such as driver's license, utility bills etc. They will then be able to write it down for you. Hope this helps.

    Not anymore. Went in to JobCentrePlus yesterday with passport and was told they are not allowed to provide NI numbers anymore.

    Have already followed all advice above and completed CA form on HMRC site but the problem is we have been told it can take up to 12 weeks.

    Yes, he appreciates he is at fault for not keeping any records, but surely there is some obligation on the employer to assist in getting him paid?
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