Who should claim national insurance back

burtons

My girlfriend doesn't pay national insurance due to not earning enough a month but due to her works making a mistake on her payslip she's now paid national insurance so I'm trying to find out who should claim it back as her works said it's up to her.
The reason why she paid national insurance is due to her last month's payslip saying she had earned £38 so what her works did was put the correct amount from last month on to this months payslip so now it looks like she earned £900 this month.

gettingtheresometime

https://www.gov.uk/claim-national-insurance-refund


surely it would be quicker & easier for your girlfriend to do it than argue with her employer that they should?

burtons

gettingtheresometime wrote: »

https://www.gov.uk/claim-national-insurance-refund


surely it would be quicker & easier for your girlfriend to do it than argue with her employer that they should?

I tried the link you posted yesterday but I didn't know what class she would be in.

gettingtheresometime

https://www.gov.uk/national-insurance/national-insurance-classes

burtons

gettingtheresometime wrote: »

https://www.gov.uk/national-insurance/national-insurance-classes

I still don't know what class she would be in as she don't earn more than £157 a week.

gettingtheresometime

burtons wrote: »

I still don't know what class she would be in as she don't earn more than £157 a week.

She wouldn't normally granted but I would imagine that the error made it look like she did.


The other way to look at it, is that if you can discount the other classes then it must be class 1 contributions she paid.

burtons

gettingtheresometime wrote: »

She wouldn't normally granted but I would imagine that the error made it look like she did.


The other way to look at it, is that if you can discount the other classes then it must be class 1 contributions she paid.

I didn't look at it that way. My girlfriend phoned HM Revenue and Customs and they said because of the gross pay on the payslip she would of paid national insurance and she wouldn't be able to claim it back from them so she would need to phone her employer to claim the money back from them. She then phoned her works and they told her the payslip is correct and she needs to write to HM Revenue and Customs. Would you think the citizens advice would be able to help her.

spadoosh

burtons wrote: »

Would you think the citizens advice would be able to help her.

No. HMRC have the money and the employer did it, how can citizens advice help other than to say go to the employer and or HMRC.

If you followed the link above it give you all the details you need.

What you need to do
Contact your employer. They’ll usually be able to refund you using their Real Time Information (RTI) payroll system.

If they can’t, write to HM Revenue and Customs (HMRC) after the end of the tax year you’re claiming for.

You’ll need to tell them:

your National Insurance number
why you overpaid
which tax year or years you overpaid in
how much tax and National Insurance you paid in the tax year or years you’re claiming for - include your P60 or a statement from your employer
why you can’t get the refund from your employer
HM Revenue and Customs
National Insurance Contributions and Employer Office
BX9 1AN
Call HMRC if you need help.

Deadline for claiming
There’s no time limit for claiming if you overpaid because you had more than one job.

You must claim the refund within 6 years if you overpaid because:

you shouldn’t have paid National Insurance, for example you’re State Pension age
you paid the wrong rate
your employer made a mistake
You may be able to claim after this deadline if you have a reasonable excuse.

Youve been told exactly what you need to do. You just need to do it. By all means phone citizens advice, im fairly sure they will say exactly the same things. All you need to do is absorb the instructions and then carry them out.

burtons

spadoosh wrote: »

No. HMRC have the money and the employer did it, how can citizens advice help other than to say go to the employer and or HMRC.

If you followed the link above it give you all the details you need.



Youve been told exactly what you need to do. You just need to do it. By all means phone citizens advice, im fairly sure they will say exactly the same things. All you need to do is absorb the instructions and then carry them out.

She has already done what have already been said but she is not getting anywhere so I thought the citizens advice would phone her works to find out what they have done.

anamenottaken

NI is due when a payment is made.
The employer has deducted NI correctly.
I do not see that the employer has made a mistake in applying the NI rules for deductions.

chrisbur

anamenottaken wrote: »

NI is due when a payment is made.
The employer has deducted NI correctly.
I do not see that the employer has made a mistake in applying the NI rules for deductions.

Not strictly correct. There are several cases where NI should be calculated as if payments had been made separately when they were actually paid together. If a new employee is not paid for their first pay period and then receives two wages in their second the NI is calculated as if it were two payments, if holiday pay is paid in advance with normal wages each week of payment is treated separately for NI, if an employee is not paid for some reason and that payment is then made the following payday along with the normal pay again NI is calculated on each payment separately.

Details at....
https://www.gov.uk/government/publications/cwg2-further-guide-to-paye-and-national-insurance-contributions/2016-to-2017-employer-further-guide-to-paye-and-nics

Sections 2.7.5, 3.1.5, and 3.2

This is not quite the exact same situation but very similar and I feel that acting on the spirit of these instructions the employer should not have deducted NI.