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National Insurance Employee Weekly Contribution Query

I am weekly paid, usually around £200 at top of line. My first £139 is free of National Insurance (Primary Threshold), with the rest being charged at 12p in the £, so I usually pay around £7/£8 per week to National Insurance. On a week recently (week 38) my employer did not process my weekly wage on time, and instead added it to the next week's wage (week 39). As a result, instead of being deducted around £16 (2 x £8) for National Insurance, I have had £31deducted, because I have "missed" one week's Primary Threshold. I have asked my employer to correct this on their Payroll system but the say it can't be done due to "HM Revenue rules". I find this hard to believe? Surely HMR would allow an employer to make a simple correction? What do you think?

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  • chrisbur
    chrisbur Posts: 4,295 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    I am weekly paid, usually around £200 at top of line. My first £139 is free of National Insurance (Primary Threshold), with the rest being charged at 12p in the £, so I usually pay around £7/£8 per week to National Insurance. On a week recently (week 38) my employer did not process my weekly wage on time, and instead added it to the next week's wage (week 39). As a result, instead of being deducted around £16 (2 x £8) for National Insurance, I have had £31deducted, because I have "missed" one week's Primary Threshold. I have asked my employer to correct this on their Payroll system but the say it can't be done due to "HM Revenue rules". I find this hard to believe? Surely HMR would allow an employer to make a simple correction? What do you think?

    Firstly they were wrong in the way that they paid you, if they refer to their guide CWG2 Employer Further Guide to PAYE and NICs
    copy available at http://www.hmrc.gov.uk/guidance/cwg2.pdf
    on page 38 there is a section headed "Working out NICs for employees not paid on their usual payday" In this employers are advised to work out the NI for each seperate week's payment when two weeks are paid together.
    " ..........treat the early or late
    payment as if it had been made at its usual time.
    Example
    Two separate weeks’ wages for weeks ending
    10 June and 17 June are paid on 17 June. Work
    out NICs separately on each week’s payment.
    Record the NICs information for the late
    10 June payment on the employee’s form P11
    on the line covering 10 June."

    Secondly what to do about a mistake is on page 17, from your point of view the important bit is
    "Any overpayment of PAYE or employee’s share of
    NICs should be refunded to the employee on the
    next payday."
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