How should an asylum seeking child who has been granted Discretionary (or other kind of) Leave apply for a National Insurance Number (NINO)?
Because children in the care system (whether asylum seekers or not) may not have acquired a national insurance number automatically shortly before their 16th birthday via the 'juvenile registration' system, a separate procedure has been developed which must now be followed.
The system is administered by a specialist team within the Inland Revenue and their contact details are as follows:
National Insurance Registration, HM Revenue and Customs, Looked After Children section, Room BP1002, Benton Park View, Longbenton, Newcastle-upon-Tyne NE98 1ZZ
Telephone: 084591 57946 ; 084591 53662
Fax: 0191- 225 - 7384
Who can apply through this procedure?
The application must be made through the young person's social worker. The Looked after Children section are not concerned with the section of the Children Act that the young person is being accommodated or assisted under so long as the application comes through the social worker. Specifically the procedure is open to those 'assisted' under section 17 of the Children Act as well as those accommodated under section 20 or those under a care order.
Although the Department for Work and Pensions (DWP) guidance to the procedure indicates that the application should be made shortly before the child's 16th birthday many unaccompanied asylum seeking children will not have entered care by this time. This does not matter. The Looked After Children section will accept applications from a child or young person in or leaving care up to the age of 20 ( the application must be submitted before the young person's 20th birthday). After the age of 20 the adult registration process must be used.
How can the application be made?
The child or young person's social workers must first of all write to or fax the Looked after Children section on Local Authority headed paper authenticated with a local authority stamp to obtain form CA3530U. This application form should be returned, enclosing copies of the required documents. The application can be made either by post or by fax (on the above number) but should NOT be made by both methods. Photocopies of original documents are acceptable.
What additional information is required?
Most young asylum seekers will not have a birth certificate with them or have travelled on a passport. Neither will most be under a care order. Even if they have any of these documents in the case of UASC it is an essential requirement for the social worker making the application to provide copies of the young person's Home Office documentation. Examples of acceptable Home Office documents are; a letter granting leave and containing the young person's correct personal details (name and date of birth) or copy of the Asylum Registration Card (ARC) displaying the same details. If the young person is at the stage of applying for an extension of Discretionary Leave, a copy of the solicitor's letter making the application for an extension or a 'receipt' from the Home Office indicating that the extension application is under consideration should also be included and will be acceptable.
Common Problems
It is important that the child or young person's full name is transposed correctly and that the name given by the social worker matches that given by the Home Office. Where the Home Office have made a mistake in the spelling of a name (as frequently occurs) an accompanying letter from the social worker explaining the error and providing the correct version may be acceptable. Advice should be sought from the HO unit itself in this situation.
A mismatch in the date of birth is not acceptable and MUST be the same as on the Home Office documentation. A consistent date is required for Benefits purposes. Where the children's services authority has accepted an 'age-disputed' minor as a child, it is likely that an exact date of birth will have to be agreed and accepted by the Home Office prior to the issuing of a NINO. A letter from the Home Office accepting a revised date of birth and accompanying the previously issued documentation would be acceptable.
Please note now that, for security reasons, National Insurance cards can only be sent to residential addresses, and not to social services offices.
Revised 21/01/08
