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Re: Asking for Advice about UK Pension and NI

Posted: Sat Sep 11, 2021 7:19 am
by JapaneseMike
jonnyd wrote: Sat Sep 11, 2021 6:27 am Wouldn't it be better to wait 3 years and do nothing, then I have a history of three years on my NI record, and then I can then send the letter and say I just moved abroad then I can make sure I can satisfy the 3 years consecutive living in the UK rule?
I have 5 years of living in the UK from 1997-2002, but since that was before my NI was created, I wonder if it counts?
Are you living in the UK now? I might be misinterpreting what you've written but I thought you were in Japan therefore I don't understand how you'd have a history of 3 years on your NI record if you're not living/working in the UK. Your record will say 'no entry for this year' - right?

Re: Asking for Advice about UK Pension and NI

Posted: Sat Sep 11, 2021 7:47 am
by Beaglehound
jonnyd wrote: Sat Sep 11, 2021 6:27 am Wouldn't it be better to wait 3 years and do nothing, then I have a history of three years on my NI record, and then I can then send the letter and say I just moved abroad then I can make sure I can satisfy the 3 years consecutive living in the UK rule?
I have 5 years of living in the UK from 1997-2002, but since that was before my NI was created, I wonder if it counts?
In this case, I think you are better off being honest.

I don’t know how they will treat your case either, but if you have no actual contributing NI years during the next three years, it seems likely to me they would ask you to prove that you lived in the U.K. for these years, which you won’t be able to do…I also don’t see any reason why your uni years would not be counted as living in the U.K.

If I were you, I would send off the form now, applying for class 3 and enclosing a letter explaining your situation, with proof of uni attendance if you have it, and see what they say.

Re: Asking for Advice about UK Pension and NI

Posted: Sat Sep 11, 2021 11:19 am
by jonnyd
ok, thanks for the advice. Yes, I'll do that. Just to clarify I am in Japan, not UK.

Re: Asking for Advice about UK Pension and NI

Posted: Sat Sep 11, 2021 1:26 pm
by kuma
The guidance on the NI38 pamphlet just says 3 years of continuous residence; it doesn’t mention having an NI record at that point.

Delving into the NI manual to see if there is any bad news there, I can’t see any requirement to have had a NINO at the time of the 3 years of residency:
https://www.gov.uk/hmrc-internal-manual ... l/nim33602

The manual is pretty dense though so it could be that such a condition is buried in a different section, but a general rummage hasn't unearthed anything, so hopefully all good.

Re: Asking for Advice about UK Pension and NI

Posted: Sun Sep 12, 2021 11:24 pm
by Bushiman
jonnyd wrote: Sat Sep 11, 2021 6:36 am
Bushiman wrote: Fri Sep 10, 2021 1:50 am
Beaglehound wrote: Thu Sep 09, 2021 11:29 am

:lol: Given that the OP has made literally no contributions thus far, there is no way he can qualify for Class 2. Still worth a try though!

OP, if they reject you for class 2, they should automatically offer you class 3 if they deem you eligible.
I got sent this letter, even though I did meet all of the requirements...
I contested and got accepted for Class 2 repayments...
Image
Could you tell me if this is the rejection letter for class 2 or 3?
I had ticked the box requesting to pay Class 2 repayments...
These are the requirements that need to be met to make voluntary national insurance contributions in general, for both Class 2 & 3...

Re: Asking for Advice about UK Pension and NI

Posted: Mon Sep 13, 2021 12:02 am
by kuma
The requirements stated on that letter differ than those published on NI38 and in the National Insurance manual, which by my reading can be summarised as:

Class 2 eligibility
1. You’re employed or self-employed outside the UK, and
2. You’ve lived in the UK for a continuous 3-year period at any time before the period for which NICs are to be paid, or before going abroad, you paid a set amount in NICs for 3 years or more (this will be checked when you ask to pay Class 2 NICs), and
3. Immediately before going abroad, you were ordinarily an employed or self-employed earner in the UK.

Class 3 eligibility
1. You’ve lived in the UK for a continuous 3-year period at any time before the period for which NICs are to be paid[2], or
2. Before going abroad, you paid a set amount in NICs for 3 years or more, or
3. You've paid Class 1 contributions for the first 52 weeks of your employment abroad

Sources:
NI38 (Social Security Abroad): https://www.gov.uk/government/publicati ... broad-ni38
National Insurance Manual: https://www.gov.uk/hmrc-internal-manual ... nce-manual
Specific sub-section: https://www.gov.uk/hmrc-internal-manual ... l/nim33601

In Bushiman's case, he got rejected initially even though he met the requirements, ie a mistake by the NI department. Could it be that the wording of this letter is another mistake by the NI department? I'd trust the NI manual and NI38 over and above a letter.

Re: Asking for Advice about UK Pension and NI

Posted: Mon Sep 13, 2021 2:08 am
by Bushiman
kuma wrote: Mon Sep 13, 2021 12:02 am
Class 2 eligibility
1. You’re employed or self-employed outside the UK, and
2. You’ve lived in the UK for a continuous 3-year period at any time before the period for which NICs are to be paid, or before going abroad, you paid a set amount in NICs for 3 years or more (this will be checked when you ask to pay Class 2 NICs), and
3. Immediately before going abroad, you were ordinarily an employed or self-employed earner in the UK.

Class 3 eligibility
1. You’ve lived in the UK for a continuous 3-year period at any time before the period for which NICs are to be paid[2], or
2. Before going abroad, you paid a set amount in NICs for 3 years or more, or
3. You've paid Class 1 contributions for the first 52 weeks of your employment abroad
Huh! I always thought you had to meet ALL the requirements... Just like my rejection letter stipulates...
kuma wrote: Could it be that the wording of this letter is another mistake by the NI department?
Wouldn't surprise me...

Re: Asking for Advice about UK Pension and NI

Posted: Mon Sep 13, 2021 6:42 am
by KCLenny
So as someone who hasn’t set up voluntary payments yet, how much are they? And how to you make those payments?
U.K. citizen, lived for about 25 years and probably had 8 years working in U.K. before moving to Japan.
So what’s the amount you’d expect to pay? Or is it different for everyone based on earnings or something?

Re: Asking for Advice about UK Pension and NI

Posted: Mon Sep 13, 2021 7:34 am
by adamu
KCLenny wrote: Mon Sep 13, 2021 6:42 am So as someone who hasn’t set up voluntary payments yet, how much are they? And how to you make those payments?
U.K. citizen, lived for about 25 years and probably had 8 years working in U.K. before moving to Japan.
So what’s the amount you’d expect to pay? Or is it different for everyone based on earnings or something?
https://retirewiki.jp/wiki/United_Kingd ... rom_abroad

Re: Asking for Advice about UK Pension and NI

Posted: Tue Sep 14, 2021 1:17 am
by KCLenny
adamu wrote: Mon Sep 13, 2021 7:34 am
KCLenny wrote: Mon Sep 13, 2021 6:42 am So as someone who hasn’t set up voluntary payments yet, how much are they? And how to you make those payments?
U.K. citizen, lived for about 25 years and probably had 8 years working in U.K. before moving to Japan.
So what’s the amount you’d expect to pay? Or is it different for everyone based on earnings or something?
https://retirewiki.jp/wiki/United_Kingd ... rom_abroad
Thanks for the reply.

So if I understand correctly I would be paying £3.05 a week.
The part I didn’t understand was how much pension I’d be paid upon retirement. Was it £270? A year or a month?
Thanks.