Class 3 and BFPO with a data protection issue

Tygermoth

Hi all,
I'm posting on behalf of my mother.
She was a Army Wife posted overseas for most of the 22 years that was served.
Their divorce not amicable in any way shape or form. To be entirely fair both sides are as bad as each other.
My mother is due her state pension shortly and  has been informed that she is missing a number of years on her NI and needs to get her actual posting dates confirmed by the Army so the NI can be recalculated.
She wrote to them and they came back and advised due to DPA they could not supply the dates without my fathers permission.
He has refused. 
Surely this is her data too? 
Is there any other way that this can be dealt with as makes quite a difference to her pension?

Silvertabby

Tygermoth said:

Hi all,
I'm posting on behalf of my mother.
She was a Army Wife posted overseas for most of the 22 years that was served.
Their divorce not amicable in any way shape or form. To be entirely fair both sides are as bad as each other.
My mother is due her state pension shortly and  has been informed that she is missing a number of years on her NI and needs to get her actual posting dates confirmed by the Army so the NI can be recalculated.
She wrote to them and they came back and advised due to DPA they could not supply the dates without my fathers permission.
He has refused. 
Surely this is her data too? 
Is there any other way that this can be dealt with as makes quite a difference to her pension?

Tricky one.  To be fair, the data the Army hold only applies to the husband, and they wouldn't be able to confirm from those records that your mum was also resident overseas from/to those dates.  Even if they had been allocated married quarters, the Army still wouldn't be able to confirm that your mum hadn't returned to the UK.

Did your mum work 'on base' at any time?  If she did, does she have any documentary proof?

Tygermoth

https://www.armedforcescovenant.gov.uk/military-spouses-national-insurance-credits-system/
As a military wife she does get credits for the periods she was abroad.  

molerat

Tygermoth said:

https://www.armedforcescovenant.gov.uk/military-spouses-national-insurance-credits-system/
As a military wife she does get credits for the periods she was abroad.  

No one is arguing otherwise.  The problem is getting the data from when she was overseas.  She should ask for what data MOD have on her being overseas but Silvertabby may have it correct, as she was pers admin, and they actually hold very little information on families.  Even for the periods he was claiming LOA at married accompanied rate there is likely little correlation over who he was with whilst claiming.

xylophone

What documentary evidence can your mother provide that she was living abroad with your father during the time in question?

She might gather this together and provide it when she writes to the DWP explaining what the MOD has said.

Otherwise, I am wondering whether the MOD might be required to provide the information by  reason of a court order?

Silvertabby

Ordinarily, the husband would be party to his wife's claim for NI credits, and would obtain the necessary documentation for her.  Even though this would only be proof of the husband's service overseas, it is my understanding that DWP accept that the wife also 'served' overseas for these periods.

However, in this case, the ex husband has refused permission for Army records to reveal his personal information.  And the MOD don't hold this sort of data relating to wives.

Tygermoth

Thank you for the replies.

Molerat, my apologies the post was done from my phone and there was supposed to be text added to say that in most cases the MOD/DWP do accept the wife was abroad during the same period - especially as my parents were for the most part based in the far far east, off base, with no opportunities for wives to work locally. I wasn't disputing, just trying to add extra details and failing  

The problem we have is my Father was in a very specialist role (and liked country hopping so was always up for being posted)  - so we moved between the Uk and various places in the far east in six month rotations (occasionally yearly) - over 22 years that is lot to remember. 

In regards to my mother she has no access to the paperwork as my Father took it all when he left and he no longer resides in the UK. Getting the MOD pension sorted was bad enough and in the end required some form of legal action -  but as my Father is still raging from losing half 'his' pension hes being petty over this aspect (once again, I would like to say here that my Mother was just as bad, if not worse during this whole thing so this is 'tit' for a earlier 'tat') 

molerat

I would start by writing asking if they would provide information they have as to when she was overseas, and that is the only information she wants, and if that fails getting her MP involved may help.  Nice letter saying that MOD are obstructing her from getting the state pension she is due after accompanying her husband whilst he was serving Queen and country overseas would likely stir things up a bit.

Silvertabby

molerat said:

I would start by writing asking if they would provide information they have as to when she was overseas, and that is the only information she wants, and if that fails getting her MP involved may help.  Nice letter saying that MOD are obstructing her from getting the state pension she is due after accompanying her husband whilst he was serving Queen and country overseas would likely stir things up a bit.

It's worth a try, but MOD just don't keep separate records for wives.

The only way this would work would be if the Army could somehow be pursuaded to confirm a list of the husband's overseas postings without his consent.

Tygermoth

Thanks everyone - so its come down to a dead end (without the expense and the drama of a court order -  as I'm sure the MOD wouldn't be persuaded) . I'll have to see if there is another way we can piece together the dates - but there were so many moves its really quite hard to keep them in order or know the arriving & leaving months. 
Sigh. 

xylophone

as I'm sure the MOD wouldn't be persuaded) 

I am wondering whether or not the DWP could require the MOD to supply the information direct to them?