Obtaining my late husband's data from HMRC

jewellery10

What legislation/policies/procedures would I have to follow to obtain explicit data from HMRC about my late husband's National Insurance contributions/his employers details etc?

Since he is deceased the GDPR (Subject Access Request) rules do not apply.

I am entitled to inherit 50% on my late husband's GRB/SERPS/2nd state pension entitlement, but I want to check the data they have performed the calculations on (and the quote provided) is accurate and correct.

I am very wary of HMRC as I have evidence that they do not hold correct data about me (which I am getting rectified atm).

Any suggestions?

LHW99

Were you separated, and was he drawing his SP when he passed? Usually DWP would have sent letters showing his basic SP / S2P etc.

I doubt there is any way you can demand his details as such, due to data protection issues. However, when you claim your own pension, I think there would be a space on the form to give his details (birth / death dates, NI number if known) and your SP statement should then show you what you inherit.

Marcon

LHW99 said:

Were you separated, and was he drawing his SP when he passed? Usually DWP would have sent letters showing his basic SP / S2P etc.

I doubt there is any way you can demand his details as such, due to data protection issues. However, when you claim your own pension, I think there would be a space on the form to give his details (birth / death dates, NI number if known) and your SP statement should then show you what you inherit.

GDPR/Data Protection Act 2018 only applies to living individuals.

Employment history etc is normally only available when it is for use in a damages/fatal injury claim: https://www.gov.uk/get-proof-employment-history

jewellery10

No we were not separated or he was not drawing his SP when he passed.

I am not making a damages/fatal injury claim.

I just do not trust HMRC and want to have facts/evidence presented to me.

Since I am financially linked to my late husband through my entitlement to inherit part of his State Pension is there any precedent to allow me to see the data I request? 

I know DWP/HMRC make mistakes - according to their records I never gave birth to my 2nd child to claim Maternity Benefits (and subsequent NI credits)!

Based on probabilities other widows must have gone through this before - or did they just accept the "quote" that HMRC give them?

jewellery10

Another important reason that I want to see the evidence of my late husband's employment history, NI contributions and GRP/SERPS/2nd state pension entitlement is I have an ongoing mis-selling claim against a private pension provider for my late husband's estate.

The issue is when and for how long was my late husband "contracted out" of additional state pension entitlements because of the private pension mis-selling. The company has to compensate me to ensure I am not financially worse off because of the mis-selling. Very complicated issue  and that's why I want facts.

Marcon

Looking at your previous posts, it's very easy to understand just what a difficult time you must have had and exactly why it has left you so wary.

I'm not sure that there is any explicit legislation which would compel DWP/HMRC to provide the information you are seeking, but I think there's someone who would know the answer - or have some sensible suggestions on any possible next steps. Try contacting Steve Webb: https://www.thisismoney.co.uk/money/pensions/article-5626211/Steve-Webb-answers-pension-questions-here.html

I had a quick scroll through the recent queries he's dealt with and couldn't immediately find anything relating to your question, but I haven't had time to check all 400+ of them!

MEM62

jewellery10 said:

I just do not trust HMRC and want to have facts/evidence presented to me.

Since I am financially linked to my late husband through my entitlement to inherit part of his State Pension is there any precedent to allow me to see the data I request? 

If your late husband had a Government Gateway account and you have the login details you can check for yourself.  

Sarahspangles

MEM62 said:

jewellery10 said:

I just do not trust HMRC and want to have facts/evidence presented to me.

Since I am financially linked to my late husband through my entitlement to inherit part of his State Pension is there any precedent to allow me to see the data I request? 

If your late husband had a Government Gateway account and you have the login details you can check for yourself.  

The original poster was widowed in 2009, it seems unlikely this is available.

The rules about inheriting pension are complex, and for some age groups inheritance is only available when someone dies while still of working age. I can see why the OP would want to check the workings.

Marcon

Sarahspangles said:

MEM62 said:

jewellery10 said:

I just do not trust HMRC and want to have facts/evidence presented to me.

Since I am financially linked to my late husband through my entitlement to inherit part of his State Pension is there any precedent to allow me to see the data I request? 

If your late husband had a Government Gateway account and you have the login details you can check for yourself.  

The original poster was widowed in 2009, it seems unlikely this is available.

The rules about inheriting pension are complex, and for some age groups inheritance is only available when someone dies while still of working age. I can see why the OP would want to check the workings.

It wouldn't provide the level of detail needed - this isn't at all straightforward, given the history.