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Beware of joint benefit claims

I was born in the 1950 so have suffered from the changes in pension age. I have a letter from the DWP dated 1st April 2009 stating I would be entitled to a full state pension from 6th November 2019.I have worked full time since I was 16.  I asked for a benefit forecast as I was living with my partner, we had started our own business and was advised by our accountant to claim working tax credit while we built up the business. Unfortunately my relationship went very badly wrong and he became increasing abusive to the extent that the police became involved. I eventually managed to escape in 2019. When I applied for my pension in 2019 I was told that I would not receive until 2021 and that I would not get a full pension because I had not paid NI since 2009. When I queried this,  I was told that while we were receiving tax credits he was credited with NI but I wasn't. When I complained on the grounds of sex discrimination they said that it wasn't sex discrimination but just that his name appeared first on the form although the accepted that this was not explained on the form. I was told the only thing I could do was pay the outstanding years of NI. I want others to know that if you claim benefits as a couple only one of you will receive NI credits while the other person will receive a reduced pension and a massive bill!!
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Comments

  • Brie
    Brie Posts: 15,488 Ambassador
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    I would be talking to the papers, my MP, anyone who may be able to get this sorted. 

    If it was not clear that there was a preference to who got the NI (and why should there be?) then it will naturally result in one partner, often a woman, losing out. People may suggest that anyone's name could go first but in a patriarchial society the male in a relationship often gets top billing.  I mean - how often does anyone refer to Mrs & Mr Smith?
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  • squirrelpie
    squirrelpie Posts: 1,470 Forumite
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    Steve Webb seems the sort of person who might take an interest in this. Or the Agony Aunts/Uncles at any of the major papers.
  • I have taken it to the papers, the Express printed a nearly whole paper on it, I have have tried to get the support of my MP where I used to live and the one where I live now but the DWP won't budge. I bet the same rule applies to Universal Benefits. That is why I thought I would post it here to let others know of this injustice which I am sure has and still in effecting lots of people, especially women. 
  • zagfles
    zagfles Posts: 21,548 Forumite
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    edited 26 July 2022 at 6:34PM
    It's usually the other way round with child benefit - been posts here about men missing out on NI credits because their wife claimed the child ben.
    But anyway - you say you worked full time from 16, so it sounds like you will have at least 30 years of NI credits which is presumably why you got the letter in 2009 stating you'll get a full state pension. That would of course had been the old basic state pension, and your entitlement to that would remain. If you had 35 years, you'd get the full new state pension UNLESS you'd been in contracted out employment, in which case it'll be partially replaced by the workplace pension you will get from that employment (you and your employer would have got NI rebates in exchange for them replacing part of the state pension).
    What confuses a lot of people is the new state pension replaces the old basic state pension plus SERPS/S2P, and the SERPS/S2P can be fully or partially replaced by a workplace "contracted out" scheme. So people who contracted out think they've lost out when usually they haven't, more often they've gained.
    It's probable that any NI credits from claiming WTC would have been useless prior to 2016. Post 2016 they might have gained you something.

  • molerat
    molerat Posts: 35,003 Forumite
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    edited 26 July 2022 at 7:45PM
    As above, if you worked full time from age 16 (1971?) to 2009 any credits from then up until 2016 are unlikely to have made any difference to your pension position.  It would seem likely that you would by 2009 had enough years for a full new pension, the only reason not to have received one would be a contracted out history.  If self employed post 2016 then the very cheap - £150ish per year - class 2 would have been available and there is the possibility they still are so it would be well worth looking at that possibility to top up your pension. The bigger problem here seems to be a lack of understanding of the nuances of the post 2016 state pension along with a rant about (missing ?) the 2011 changes to women's pension age (us men were affected by that as well).  You are still receiving the "full" pension you were entitled to at 2009.
  • zagfles
    zagfles Posts: 21,548 Forumite
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    Brie said:
    People may suggest that anyone's name could go first but in a patriarchial society the male in a relationship often gets top billing.  I mean - how often does anyone refer to Mrs & Mr Smith?
    I know - I was discussing this exact same thing with my Dad and Mum the other day when I took the kids to see their Grandad and Gran

  • sammyjammy
    sammyjammy Posts: 7,993 Forumite
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    zagfles said: If you had 35 years, you'd get the full new state pension UNLESS you'd been in contracted out employment, 

    This is incorrect, the 35 years only applies to those who started paying NI in 2016.
    "You've been reading SOS when it's just your clock reading 5:05 "
  • molerat
    molerat Posts: 35,003 Forumite
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    edited 26 July 2022 at 8:07PM
    zagfles said: If you had 35 years, you'd get the full new state pension UNLESS you'd been in contracted out employment, 

    This is incorrect, the 35 years only applies to those who started paying NI in 2016.
    Yes "35 years" only applies to those starting out post 2016 but if someone had 35+ years non contracted out history pre 2016 their starting amount would have been on the new scheme and would be the new full pension so the statement is in fact correct.

  • xylophone
    xylophone Posts: 45,744 Forumite
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    edited 26 July 2022 at 10:07PM
    This is incorrect, the 35 years only applies to those who started paying NI in 2016.

    The "35 years" had relevance to everybody's starting amount calculation at 6/4/16.

    That said, having 35 years (or indeed in excess of 35 years) would not necessarily mean that the individual qualified for full NSP.

    See https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/181237/single-tier-pension-fact-sheet.pdf

    Above produced as a public information guide - NSP at inception was actually £155.65.

    Old Rules

    NI years/30 (max) x Full Basic + (Additional State Pension - (if applicable) Deduction for Contracting Out).

    New Rules

    (NI years/35 (max) x Full New State Pension) - (if applicable) Contracted Out Pension Equivalent.


    The starting (foundation) amount was the higher of the two.

    Thus anybody having 35 years at inception but no COPE would have qualified for a full NSP.


  • WYSPECIAL
    WYSPECIAL Posts: 751 Forumite
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    zagfles said:
    Brie said:
    People may suggest that anyone's name could go first but in a patriarchial society the male in a relationship often gets top billing.  I mean - how often does anyone refer to Mrs & Mr Smith?
    I know - I was discussing this exact same thing with my Dad and Mum the other day when I took the kids to see their Grandad and Gran

    And then went round their Uncle and Aunts
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