Can spouse transfer overcontributions (14 years overpaid NI contributions) to wife

salamicat

Wife not getting full pension due to a gap of four years 2006-10, despite being advised that she made a  top up which has been acknowledged by DWP/HMRC.
Husband (who is over 70 and receiving pension)  would like to transfer his overpayments to her so she gets her full pension. Has anyone done this or can advise please. DWP are aware and looking into this for me but will take 6 months to get an answer.

Silvertabby

No, can't be done.  And the husband hasn't 'overpaid' because NI doesn't just pay for the State pension - it goes towards other things, such as the NHS.

xylophone

Wife not getting full pension due to a gap of four years 2006-10, despite being advised that she made a  top up which has been acknowledged by DWP/HMRC.

Is the wife in receipt of state pension (old or new) or shortly to be in receipt of it?

What was the explanation given by DWP/HMRC?

would like to transfer his overpayments to her so she gets her full pension.

Overpayments? How did he overpay?

DWP are aware and looking into this for me 

On what grounds?

I suppose this isn't anything to do  with Child Benefit?

https://www.thisismoney.co.uk/money/pensions/article-6669891/How-transfer-state-pension-credits-wife.html

salamicat

xylophone said:

Wife not getting full pension due to a gap of four years 2006-10, despite being advised that she made a  top up which has been acknowledged by DWP/HMRC.

Is the wife in receipt of state pension (old or new) or shortly to be in receipt of it?

What was the explanation given by DWP/HMRC?

would like to transfer his overpayments to her so she gets her full pension.

Overpayments? How did he overpay?

DWP are aware and looking into this for me 

On what grounds?

I suppose this isn't anything to do  with Child Benefit?

https://www.thisismoney.co.uk/money/pensions/article-6669891/How-transfer-state-pension-credits-wife.html

Yes wife in receipt of new state pension
Overpayments via employer
Grounds: to see if overpayments can be used
Nothing to do with Child Benefit

Thank you for your response!

TadleyBaggie

If what you mean by "overpayments" is that he had more NI years than was needed to get a full state pension, that is not an overpayment. NI is paid on employment income up to the state pension age (at the time), having more years than required isn't reclaimable or transferrable.

dunstonh

Overpayments via employer

This overpayments comment is causing confusion.   What has the employer overpaid?

molerat

I suspect, as others have commented, that husband has made more contributions than are "necessary" to receive the state pension. The transfer of those is a non starter so now the important question is what were those contributions the wife made ?  I wonder if they were blindly paid voluntary contributions because they were gaps that could be filled but made no difference to the post 2016 pension. 

More details are required to make any worthwhile comment - current pension amount, any contracted out history etc. When did she reach retirement ?

xylophone

I suspect, as others have commented, that husband has made more contributions than are "necessary" to receive the state pension

Was he perhaps employed after SPA and the employer's payroll failed to stop  deducting NI?

NedS

xylophone said:

I suspect, as others have commented, that husband has made more contributions than are "necessary" to receive the state pension

Was he perhaps employed after SPA and the employer's payroll failed to stop  deducting NI?

Either way, they cannot be transferred to his wife.

If he has had NI incorrectly deducted by an employer, he can presumably have that refunded and give the refunded monies to his wife to purchase NI contributions for any missing years she may have.

xylophone

Either way, they cannot be transferred to his wife.

I was just trying to find some sort of explanation for the "overpayments" ( or at least some of them as  fourteen years of overpayment is mentioned) the husband thought he had made and why he thought they could be applied to his wife's record.

 The OP stated

Husband (who is over 70 and receiving pension)  would like to transfer his overpayments to her so she gets her full pension. Has anyone done this or can advise please. DWP are aware and looking into this for me but will take 6 months to get an answer.

I was wondering on what grounds the DWP would be looking into transferring payments - the OP  stated that the grounds were

to see if overpayments can be used

If  totally impossible (as at first sight would seem to be the case), why did the DWP not advise the OP of this fact immediately the query was raised?