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    • Connieb
    • By Connieb 12th Oct 18, 11:40 AM
    • 3Posts
    • 0Thanks
    Connieb
    NI Contributions
    • #1
    • 12th Oct 18, 11:40 AM
    NI Contributions 12th Oct 18 at 11:40 AM
    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.
Page 1
    • pmlindyloo
    • By pmlindyloo 12th Oct 18, 12:24 PM
    • 12,067 Posts
    • 13,901 Thanks
    pmlindyloo
    • #2
    • 12th Oct 18, 12:24 PM
    • #2
    • 12th Oct 18, 12:24 PM
    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?
    • xylophone
    • By xylophone 12th Oct 18, 1:08 PM
    • 27,656 Posts
    • 16,612 Thanks
    xylophone
    • #3
    • 12th Oct 18, 1:08 PM
    • #3
    • 12th Oct 18, 1:08 PM
    You are both under state pension age?

    Have you both obtained new state pension statements?

    https://www.gov.uk/check-state-pension

    What do they say?

    https://www.litrg.org.uk/tax-guides/employed/what-national-insurance-do-i-pay-employee

    https://www.royallondon.com/global/documents/goodwithyourmoney/topping-up-your-state-pension-guide.pdf
    • Tomsdottir
    • By Tomsdottir 12th Oct 18, 5:41 PM
    • 47 Posts
    • 29 Thanks
    Tomsdottir
    • #4
    • 12th Oct 18, 5:41 PM
    • #4
    • 12th Oct 18, 5:41 PM
    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.
    • midnight express
    • By midnight express 12th Oct 18, 7:29 PM
    • 1,186 Posts
    • 3,335 Thanks
    midnight express
    • #5
    • 12th Oct 18, 7:29 PM
    • #5
    • 12th Oct 18, 7:29 PM
    You only need 35 qualifying years to get a full pension. Your husband needs to get a pension forecast.
    • Dazed and confused
    • By Dazed and confused 12th Oct 18, 7:58 PM
    • 3,289 Posts
    • 1,657 Thanks
    Dazed and confused
    • #6
    • 12th Oct 18, 7:58 PM
    • #6
    • 12th Oct 18, 7:58 PM
    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.
    • venison
    • By venison 12th Oct 18, 8:18 PM
    • 2,602 Posts
    • 2,959 Thanks
    venison
    • #7
    • 12th Oct 18, 8:18 PM
    • #7
    • 12th Oct 18, 8:18 PM
    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.
    Originally posted by Dazed and confused
    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
    Looking forward to 2019 after a terrible 2018...onwards and upwards
    • aayush
    • By aayush 12th Oct 18, 8:52 PM
    • 762 Posts
    • 24 Thanks
    aayush
    • #8
    • 12th Oct 18, 8:52 PM
    • #8
    • 12th Oct 18, 8:52 PM
    can I ask how I can make contributions for ni for my wife as hse was looking after my son
    • aayush
    • By aayush 12th Oct 18, 8:54 PM
    • 762 Posts
    • 24 Thanks
    aayush
    • #9
    • 12th Oct 18, 8:54 PM
    • #9
    • 12th Oct 18, 8:54 PM
    how to make NI contributions to ensure my wife get a pension when she reaches the age
    • xylophone
    • By xylophone 12th Oct 18, 9:16 PM
    • 27,656 Posts
    • 16,612 Thanks
    xylophone
    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
    • Dazed and confused
    • By Dazed and confused 12th Oct 18, 9:25 PM
    • 3,289 Posts
    • 1,657 Thanks
    Dazed and confused
    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
    • xylophone
    • By xylophone 12th Oct 18, 9:45 PM
    • 27,656 Posts
    • 16,612 Thanks
    xylophone
    A calculation was done for all those under State Pension Age at 6/4/16 which gave each person a starting amount for NSP based on the higher of

    NI (up to 30)/30 x BSP + (Grad +SERPS + S2P - Deduction for Contracting Out)

    NI (up to 35)/35 - Deduction for Contracting Out (Contracted Out Pension Equivalent).

    If the deduction for contracting out was very high then it would be quite possible to have contributed for 40+ years and yet have a starting amount less than NSP.

    It would also be possible have had a starting amount higher than NSP after fewer than 35 years of NI particularly if the person had been a high earner and never contracted out.

    It would also have been possible to have had a starting amount equal to NSP despite having contracted out for a number of years.

    https://www.thisismoney.co.uk/money/pensions/article-4147716/Can-155-state-pension-contracted-out.html
    • venison
    • By venison 12th Oct 18, 11:04 PM
    • 2,602 Posts
    • 2,959 Thanks
    venison
    can I ask how I can make contributions for ni for my wife as hse was looking after my son
    Originally posted by aayush
    She might qualify for HRP (home responsibilities protection) which would mean a full years NI credit for each year she got child benefit, and missing years in the last 5 (?) can be brought for around 600 per year.
    She needs to check her cont. record.
    Looking forward to 2019 after a terrible 2018...onwards and upwards
    • calcotti
    • By calcotti 12th Oct 18, 11:15 PM
    • 956 Posts
    • 662 Thanks
    calcotti
    can I ask how I can make contributions for ni for my wife as hse was looking after my son
    Originally posted by aayush
    It is not clear what age son you are referring to.

    If your wife was receiving child benefit for your son she will have got NI credits up to the age of 12 which will give her some entitlement but obviously much less than the full amount.
    • Connieb
    • By Connieb 13th Oct 18, 8:37 AM
    • 3 Posts
    • 0 Thanks
    Connieb
    NI Contributions
    Thank you for your help, the link was very helpful. I understand about the Pensions now.
    Do you know if there is anyway of paying for the shortfall for last 2 years in order to qualify the ESA rules on claiming Contributory ESA.
    Also looking ahead to the future, does NI have any impact of Care Home packages or Home Care.

    Thank you
    • calcotti
    • By calcotti 13th Oct 18, 9:09 AM
    • 956 Posts
    • 662 Thanks
    calcotti
    Thank you for your help, the link was very helpful. I understand about the Pensions now.
    Do you know if there is anyway of paying for the shortfall for last 2 years in order to qualify the ESA rules on claiming Contributory ESA.
    Also looking ahead to the future, does NI have any impact of Care Home packages or Home Care.

    Thank you
    Originally posted by Connieb
    If voluntary NI contributions are paid they help towards getting 35 qualifying years for State Pension but they do not count towards entitlement for contribution based ESA. If he was employed but not earning enough to get ni credits there is no way to make this up for ESA purposes.

    Health care is completely separate from NI.
    Last edited by calcotti; 13-10-2018 at 9:14 AM.
    • Connieb
    • By Connieb 13th Oct 18, 11:31 AM
    • 3 Posts
    • 0 Thanks
    Connieb
    NI Contributions
    Thank you.
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