DWP Central Freedom of Information Team

e-mail: [DWP request email]

Our Ref: VTR 1294

Date: 17 July 2009

Dear Mr Smith,

Thank you for your Freedom of Information request dated 03 July 2009. You asked:

“It is my understanding that I was 'issued' with a 'National Insurance Number' on or around my 16th birthday. I was apparently 'registered automatically' for this number as my mother had been claiming child benefit for me up to this point.

My questions are:

1. Does the acceptance by an individual of a unique 'NI number' constitute a contract between that individual and 'the state?' ('the state' meaning the government and all its departments charged with dealing with matters of National Insurance/pensions/Taxation).

A simple 'yes' or 'no' will be sufficient.

2. What is the minimum age at which an individual is legally deemed capable of understanding, and agreeing to a life-long, binding financial contract with any other party?

3. Are 15/16-year-olds currently issued with a statement of disclosure explaining, in clear terms, exactly what are the benefits and liabilities of accepting this 'National Insurance Number', before they accept it? (i.e. a statement detailing pension benefits/assumed taxation obligations.)

4. Do human beings of that age have the lawful right to simply 'refuse' the offer of this NI number, and make alternate, private provisions for their pension etc?”

The Department for Work and Pensions does not hold the information you require. The automatic issuing of NINOs to 16 year olds and related issues are the responsibility of Her Majesty's Revenue and Customs (HMRC); they will be able to answer your queries.

You should submit your request direct to HMRC. I have attached a link to the Contact Us page of their website for ease of reference.

http://www.hmrc.gov.uk/freedom/make-info.htm

If you have any queries about this letter please contact me quoting the reference number above.

Yours sincerely,

Central FoI Team

Department for Work and Pensions

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Your right to complain under the Freedom of Information Act

If you are not happy with this response you may request an internal review by e-mailing [DWP request email] or by writing to DWP, Central FoI Team, 2^nd Floor The Adelphi, 1-11, John Adam Street, London WC2N 6HT. Any review request should be submitted within two months of the date of this letter.

If you are not content with the outcome of the internal review you may apply directly to the Information Commissioner's Office for a decision. Generally the Commissioner cannot make a decision unless you have exhausted our own complaints procedure. The Information Commissioner can be contacted at: The Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow Cheshire SK9 5AF www.ico.gov.uk