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Retrospective Class 2 contributions

Has anyone else been told that you can't make retrospective Class 2 payments pre-2018? Have you been able to resolve this? Or have you been forced to make Class 3 payments instead?

The long story...

I have been shuttling back and forth sporadically between DWP and HMRC for the last couple of years trying to sort out my pension. I have just turned 65 and get my pension in Jan 2027.

I have been self-employed since 1989, when I went on the Enterprise Allowance Scheme. At the time I also registered for small earnings exemption. 

During the course of all this I discovered that HMRC's computer didn't have me down as self-employed (despite me having been submitting tax returns as self-employed since 1989-90).  I had to get them to retrospectively register me as self-employed, which they did. They say they have no record of my applying for or being granted small earnings exemption. I have no evidence that I did so.

Because none of this was going to get resolved before 5 April 2025 I registered for the DWP callback, which I got on 1 July. DWP confirmed I had 15 years to fill. 
I called HMRC the same day and had a conversation with them where we calculated how much the Class 2 Contributions that I owed added up to, and which years they would be allocated to. I got a reference number and paid.

Last week I had a letter from HMRC informing me that I was wrongly advised and could not pay Class 2 contributions for tax years 2006-2007 to 2017-2018.

I have spoken to them and they tell me that I missed the deadline of 5 April 2025. I explained to them that I had been in contact with DWP and that I should be able to still make valid payments. They then told me that they can't allocate Class 2 NI payments previous to 2014-2015 "because we do not have the ability to do that".

Has anyone else had this problem? That you can't make retrospective Class 2 payments pre-2018? Have you been able to resolve this? 

Any hints, tricks, things I should say / points I should make to HMRC when I write to challenge this?

Many thanks




Comments

  • molerat
    molerat Posts: 36,577
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
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    I think your only route is either a complaint as they have mishandled your tax affairs over the years - https://www.gov.uk/complain-about-hmrc  or get your MP involved.  Or maybe something for Steve Webb at This Is Money - as an ex pensions minister he knows people  https://www.thisismoney.co.uk/money/pensions/index.html   The problem is that sorting this is going to need a deep dive, something that is beyond the scope of front line, and likely even second line,  CS.  


    Never associate with idiots on their own level, because, being an intelligent man, you'll try to deal with them on their level - and on their level they'll beat you every time.

    Being hated by idiots is the price you pay for not being one of them.

    Jean Cocteau 1889-1963

  • @molerat Thanks for your reply. My MP is Kier Starmer. I suspect he's quite occupied with other stuff, but I'll give it a go  :D
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