NI Contributions

Hello, my husband was diagnosed with Parkinson's in 2015, up until July 2017 he was working part time. We have just tried to claim ESA as he is no longer able to work. He has been declined on income part as we both draw our private pensions total £1,300 per month. He has also been declined on Contribution as not paid enough NI for last 2 years which we are shocked about, but this has also impacted on his State Pension, he has worked for 42 years!!! Unfortunately we have used savings etc to live on and not claim benefits but now we find things tight we are unable to get anything. My husband would love to work but he can't. I am working part time but this is difficult as I have to run the home and look after him. I am unable to claim Carers Allowance. We find the benefits, tax, NI jargon very difficult to understand. Does anyone know if we can appeal the underpaid NI contributions, we were totally unaware of this situation until now. Apparently my husband contracted out at some point but we were unaware of this until now. Help please.
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  • pmlindyloo
    pmlindyloo Posts: 13,049 Forumite
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    You can check your OH's national insurance contributions here:

    https://www.gov.uk/check-national-insurance-record

    Is you husband claiming Personal Independence Payment (PIP)?

    How many hours do you work and what are your earnings?
  • Contributory ESA has two contribution conditions. In broad terms these say that:
    1) In one of the two tax years (which start in April) before the benefit year (starts in January) in which you claim, you must have paid NI contributions for 25 weeks. Generally this test can be satisfied if you earn (at this year's rates) £116 a week.
    2) In both of the last 2 complete tax years before the benefit year in which you claimed, you have been paid or credited with NI contributions for at least 50 weeks (You can be credited with contributions whilst you are claiming certain benefits such as ESA or carer's allowance.)

    So if you claimed in the year starting January 2018, the two tax years concerned are April 6th 2015- April 5th 2016 and April 6th 2016 to April 5th 2017.

    There are some exceptions to these rules for certain groups such as carers making it easier to qualify.

    Although you can request your contribution record online, the results issued seem to be targeted at people claiming state pension and in my experience often don't contain enough information to determine whether you satisfy the test for contributory benefits other than pensions. (For example, rather than showing contributions actually paid in a year, they say "contributions not needed" or similar). So instead, you can find out by ringing the HMRC helpline: 0300 200 3500 or simply asking for a mandatory reconsideration of the decision if you think the conditions are satisfied and asking for a breakdown of the conditions as they applied to this claim. If you are not satisfied, you can appeal this decision to an independent appeal tribunal.
  • You only need 35 qualifying years to get a full pension. Your husband needs to get a pension forecast.
  • The husband should definitely look at his pension forecast, easy to do online, but it is wrong to say you only need 35 years for a full State Pension.

    It might be true for some but definitely not all under the transitional period.
  • The husband should definitely look at his pension forecast, easy to do online, but it is wrong to say you only need 35 years for a full State Pension.

    It might be true for some but definitely not all under the transitional period.

    Im not sure I understand that, are you referring to men or women?
    I currently have 43 years of cont. and my current future pension forecast is in excess of £200 per week, partly due to contracting out
  • aayush
    aayush Posts: 1,295 Forumite
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    can I ask how I can make contributions for ni for my wife as hse was looking after my son
  • aayush
    aayush Posts: 1,295 Forumite
    Name Dropper First Anniversary First Post
    how to make NI contributions to ensure my wife get a pension when she reaches the age
  • xylophone
    xylophone Posts: 44,394 Forumite
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    how to make NI contributions to ensure my wife get a pension when she reaches the age

    Has she obtained a state pension statement? What does it say?

    https://www.gov.uk/check-state-pension
  • I mean there will currently be plenty of people who have worked and paid NI for 35+ years but won't necessarily be entitled to the new State Pension of £164.35.

    For youngsters just starting out on their life in work 35 years will be sufficient but it isn't necessarily the case for those who been contributing under the old State Pension system.

    It can be a good thing though, some have benefitted from paying lower NI and accrued a separate company pension and have the opportunity to build extra qualifying years which can take them up to the new State Pension amount.

    The op's husband may be in this situation, albeit possibly with the need to pay voluntary contributions to get to the maximum. This is usually seen as an exceptionally good investment though.

    All hypothetical though until the op checks the actual State Pension amount on gov.uk
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