Made redundant - employer didn't pay NI - any help available?

gemmalouanna

Hello,

I am posting on behalf of my mum and her partner. He had been working for company for about 6 years - not been paid since Dec 09 and Jan/Feb/March was promised wages would go into bank but they never did. Company finally went under and he has been made redundant - liquidators in so should be due some redundancy money at some point.

However, upon going to job centre/CAB to seek work and see if any benefits are available in the meantime he has been informed that the employer has not paid any NI contributions for about last 2 years - the NI has been deducted from his wage/this is shown on wage slips.

Due to this he has been told that he cannot get any kind of benefits (some because of the lack of NI and some because my mum earns more than £109 per week). Doctor has also issued a 2 month sick note to him due to the fact that he has a heart problem which has become much worse since the hassle of having no income for 4 months - not sure if this affects anything.

They are really worried incase he doesn't find another job soon as my mum cannot cover mortgage/bills etc on her wage alone. Is there really no help available as it just seems so unfair as he believed his NI was being paid.

Any advice much appreciated.

dampsquib

gemmalouanna wrote: »

However, upon going to job centre/CAB to seek work and see if any benefits are available in the meantime he has been informed that the employer has not paid any NI contributions for about last 2 years - the NI has been deducted from his wage/this is shown on wage slips.

When you say that the Job Centre says NI hasn't been paid, I wonder if that is the case? It may be that they just don't have a record of NIC being received, as their records are up the creek. This is what happened when I claimed. A records problem is easily remedied if your mum's partner still has his P60's (End of year statement given to him by his employer re Tax & NIC paid). Job Centre will accept these as evidence of contributions paid. Payslip evidence won't be accepted - it has to be P60s!

gemmalouanna

Thanks for the reply - that is an interesting point you make.

My mum just said she got a letter in the post after he went into job centre stating that he was not entitled due to lack of NI contributions.

He has not got P60's but he is contacting the liquidators tomorrow to see if they have found anything in the records when they have have taken over.

Think we will just have to hope he finds another job soon!

dampsquib

Another possible source of evidence is HMRC. They actually collect the NIC (along with tax) so will have records of what the employer handed over. Again it may take a little persistence if their info isn't readily available.
It can be an uphill struggle getting Jobseekers. I got turned down in the absence of details of occupational pension received (I couldn't produce that 'til I'd actually received something), then I got turned down due to no NIC being paid (Production of P60s sorted that), then they turned my claim down as my income was too high, but the figure quoted bore no resemblence to the details supplied. They paid up in the end though, so tell him not to give up hope.

gemmalouanna

Thanks again - good to hear from others who have had similar experiences.

He actually thinks that the employer did not pay the NI so there probably wouldn't be any record anyway but worth further checks as you said.

ceridwen

gemmalouanna wrote: »

Thanks again - good to hear from others who have had similar experiences.

He actually thinks that the employer did not pay the NI so there probably wouldn't be any record anyway but worth further checks as you said.

Not sure whether it would actually matter to the guy or no whether N.I. had actually been paid by this firm. As long as the guy has "evidence" that the N.I. has been paid as far as he is concerned (ie the appropriate pay evidence - stating that N.I. has been deducted) - then I wouldnt think it mattered from his POV if the money hadnt actually been handed over to HMRC. The "evidence" and the facts would be different - but I would imagine they would have to go by the "evidence" (ie that it had been paid) IYSWIM.

gemmalouanna

ceridwen wrote: »

Not sure whether it would actually matter to the guy or no whether N.I. had actually been paid by this firm. As long as the guy has "evidence" that the N.I. has been paid as far as he is concerned (ie the appropriate pay evidence - stating that N.I. has been deducted) - then I wouldnt think it mattered from his POV if the money hadnt actually been handed over to HMRC. The "evidence" and the facts would be different - but I would imagine they would have to go by the "evidence" (ie that it had been paid) IYSWIM.

That is what we thought too which seems like common sense but not according to job centre which is very annoying.

Have completely hit a dead end with it now as they just keep saying that nothing can be done!