National Insurance Number - who can request it?
Discussion
I've got got a Business to Business contact with a client but via an intermediate (ie. an agency).
The agency have requested my NI number on their "New Contractor Details Form" under the heading "Right to Work and Prevention of Money Laundering Details"
My understanding from the HM Revenue and Customs website is that apart from an employer and various other government agencies, I "must not let anyone else use [my] National Insurance number"
What is the definition of "use" though? Should I refuse to divulge it to the agency of is it a fair request?
For IR35 purposes I certainly don't want there to be any suggestion of the agency acting as an employer.
The agency have requested my NI number on their "New Contractor Details Form" under the heading "Right to Work and Prevention of Money Laundering Details"
My understanding from the HM Revenue and Customs website is that apart from an employer and various other government agencies, I "must not let anyone else use [my] National Insurance number"
What is the definition of "use" though? Should I refuse to divulge it to the agency of is it a fair request?
For IR35 purposes I certainly don't want there to be any suggestion of the agency acting as an employer.
Sounds unnecessary to me. You will presumably be a “Worker” for your Ltd Co. which is providing services to the agency and they are providing your services to the client. Therefore your Ltd. Co. is your employer and the agency should not need your NI number. They don’t need to check your ID because they are buying the services of your Ltd Co. not you as an individual.
Although newish legislation does require that ANYONE using an individual (whether they operate as a limited company or as a person) needs to establish that this person has the right to work in the UK and is genuinely who they claim themselves to be.
As an accountant, I now have to ask for positive IDs of any individual I take on as a client, even if the client is a limited company and the individual is one of the directors or company secretary.
"Using" an NI number is not the same as "having sight of" an ID number. I would suggest that the latter is being requested here.
As an accountant, I now have to ask for positive IDs of any individual I take on as a client, even if the client is a limited company and the individual is one of the directors or company secretary.
"Using" an NI number is not the same as "having sight of" an ID number. I would suggest that the latter is being requested here.
Eric Mc said:
Although newish legislation does require that ANYONE using an individual (whether they operate as a limited company or as a person) needs to establish that this person has the right to work in the UK and is genuinely who they claim themselves to be.
Eric I take your point, but:If we take a company car to be serviced we don’t ask the service manager at the garage for the NI number of his mechanic. The garage has right of substitution of mechanics. I imagine that Jon RB has right of substitution within his contract and has opted out of the EAA regs. Therefore, IMHO, the agency does not need his NI number
Agency wouldn't sound a bit like "Pays" would it? Just been through this with them. I said tell me why you need it as you already have a copy of my passport and other documents and am not being paid by PAYE (ltd co consultancy).
Muppet says,"oh, its one of those pieces of info we like to have." To which I reply,
"Ever heard of the data protection act?"
They still don't have my number.
Muppet says,"oh, its one of those pieces of info we like to have." To which I reply,
"Ever heard of the data protection act?"
They still don't have my number.
Eric Mc said:
Why not ask them why they feel they need it?
The point I was making is that their request might not be "PAYE/Tax" based but "Money Laundering" or "Immigration" regulation based.
I think it is indeed the latter pair. Quite apart from the fact that the request is under the section of the form entitled "Right to Work and Prevention of Money Laundering Details", the agency do seem to be amongst the more IR35-clued I have used. Their standard contract required far less tweaking than is usual for an agency contract for a start.The point I was making is that their request might not be "PAYE/Tax" based but "Money Laundering" or "Immigration" regulation based.
My own accountant, who is very knowledgeable about IR35, feels that I have little to worry about here and may as well comply. This seems to be pretty much in line with Eric's opinion also.
Given that, I will probably comply with their request for proof of identity (photocopy of passport and sight of a recent bill) but I'm still unsure as to whether or not I'll divulge my NI number. Will probably try not to initially and see how insistent they are.
Eric Mc said:
The way that HMRC have been dishing out NI numbers to all and sundry, it provides precious little authentication information for anyone wishing to use it as some form of ID check.
Actually, the FAQ from the HMR&C website I posted earlier specifically says that a NI Number is not a proof of identity. Edited by JonRB on Wednesday 2nd April 20:25
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