National Insurance credits for spouses of Her Majesty’s Forces Personnel

martintravels

I have been given this site details by WASPI, who felt that you may be able to offer help and guidance regarding my situation as the wife of a retired member of HM Forces. I gave up full time work in the UK to accompany my husband to the Far East during the 1970s and 1980s.  In those days information regarding the impact of accompanying your husband abroad and the effect on your pension was not promulgated as it is now.

 Under the old existing rules (spouse born before 6 April 1953), had I had a baby whilst my husband was serving abroad, I would have received full National Insurance credits. Unfortunately, I am childless having been unable to conceive and therefore, under these rules, I receive a reduced state pension.  I do not understand why having a baby abroad gives more rights to a state pension than to a woman not having a baby?  

 In April 2016 HMRC published guidelines for the credit of NI contributions for spouses of HM Forces personnel who accompanied their husbands overseas and who were born after 6 April 1953.  My date of birth is 6 April 1949, so under these new rules I cannot receive credit for accompanying my husband overseas.  Under the new rules a spouse (born after 6 April 1953) who does not have a baby now receives a full State Pension!

 The only spouses that do not receive full NI credits are those in my situation who did not have a baby abroad and who have slipped through between the dates of the two sets of rules.  The lack of NI credits for my time with my husband overseas has had a significant impact on reducing my pension.  I did raise this with HMRC and the only reply I received was – basically tough – and that I was lucky to receive my pension at age 60!  Totally missing my point.

 I feel I have been penalized on the grounds of not being able to conceive.

 With your professional knowledge, do you feel that I have a case worth pursuing and could you give advice on the best way forward.  

MallyGirl

I am going to move this to the main board as you have posted in the wrong place and no one will see your query

molerat

Things change.  You were able to get your pension at 60, you were able to use you husband's NI record if yours was not good enough.  You cannot backdate all the changes, be they for better or worse.

A bit ironic that you were sent here by WASPI considering this forum's general opinion of them and their cause !

badmemory

One advantage of being able to retire at 60 was I believe the ability to inherit some of your husbands state pension when the time comes.  No help now I know, but it should be later.  Are you in a position to defer your state pension?  If so you can increase it by 10.4% for each year.

martintravels

Interesting comments.  However, the point you seem to be missing is that the ladies who have had a baby - at the same age as me - get full NI contributions refunded to give them a full pension.  I don't.

jem16

martintravels said:

Interesting comments.  However, the point you seem to be missing is that the ladies who have had a baby - at the same age as me - get full NI contributions refunded to give them a full pension.  I don't.

Even those with children ( nothing to do with being abroad or not) won't get the full state pension unless they also have enough NICs of their own. Home Responsibilities Protection was brought in in 1978 to protect the NI record of those who couldn't work (or work less) due to having children. Even with these credits it only reduced the 39 years by a maximum of 20 years.

It is of course unfortunate that you were unable to have children but obviously this meant that you could work. I appreciate that this may have been difficult for you due to overseas postings of your husband.

Are you receiving the Category B pension which is based on 60% of your husband's Basic State Pension or did you have enough NICs for a higher pension in your own right?

molerat

martintravels said:

Interesting comments.  However, the point you seem to be missing is that the ladies who have had a baby - at the same age as me - get full NI contributions refunded to give them a full pension.  I don't.

I don't think anyone is missing the point, it is simply they were the rules at the time.

Silvertabby

molerat said:

Things change.  You were able to get your pension at 60, you were able to use you husband's NI record if yours was not good enough.  You cannot backdate all the changes, be they for better or worse.

A bit ironic that you were sent here by WASPI considering this forum's general opinion of them and their cause !

Isn't Martin Lewis a WASPE supporter? 

MACKEM99

martintravels said:

I have been given this site details by WASPI, who felt that you may be able to offer help and guidance regarding my situation as the wife of a retired member of HM Forces. I gave up full time work in the UK to accompany my husband to the Far East during the 1970s and 1980s.  In those days information regarding the impact of accompanying your husband abroad and the effect on your pension was not promulgated as it is now.

 Under the old existing rules (spouse born before 6 April 1953), had I had a baby whilst my husband was serving abroad, I would have received full National Insurance credits. Unfortunately, I am childless having been unable to conceive and therefore, under these rules, I receive a reduced state pension.  I do not understand why having a baby abroad gives more rights to a state pension than to a woman not having a baby?  

 In April 2016 HMRC published guidelines for the credit of NI contributions for spouses of HM Forces personnel who accompanied their husbands overseas and who were born after 6 April 1953.  My date of birth is 6 April 1949, so under these new rules I cannot receive credit for accompanying my husband overseas.  Under the new rules a spouse (born after 6 April 1953) who does not have a baby now receives a full State Pension!

 The only spouses that do not receive full NI credits are those in my situation who did not have a baby abroad and who have slipped through between the dates of the two sets of rules.  The lack of NI credits for my time with my husband overseas has had a significant impact on reducing my pension.  I did raise this with HMRC and the only reply I received was – basically tough – and that I was lucky to receive my pension at age 60!  Totally missing my point.

 I feel I have been penalized on the grounds of not being able to conceive.

 With your professional knowledge, do you feel that I have a case worth pursuing and could you give advice on the best way forward.  

Was your husband serving overseas for all of the 1970s and 1980s?

martintravels

12 Jan 1977 to 21 Dec 1977, 6 Feb 1982 to 30 Sep 1984 and 21 Feb 1977 to 2 Jul 1989

martintravels

jem16 said:

martintravels said:

Interesting comments.  However, the point you seem to be missing is that the ladies who have had a baby - at the same age as me - get full NI contributions refunded to give them a full pension.  I don't.

Even those with children ( nothing to do with being abroad or not) won't get the full state pension unless they also have enough NICs of their own. Home Responsibilities Protection was brought in in 1978 to protect the NI record of those who couldn't work (or work less) due to having children. Even with these credits it only reduced the 39 years by a maximum of 20 years.

It is of course unfortunate that you were unable to have children but obviously this meant that you could work. I appreciate that this may have been difficult for you due to overseas postings of your husband.

Are you receiving the Category B pension which is based on 60% of your husband's Basic State Pension or did you have enough NICs for a higher pension in your own right?

I was given the 60% lift.