British and denied access to benefits

[hdsdi]

AIBU to be annoyed that my DH has been refused JSA? We didn't ask for means tested, just the basic 'everyone' is entitled to.
Except he isn't, as despite having paid tax at mainly higher rate all his working life in England, we have been living in a non-EU country for the last few years ( and paying UK tax on our rent from our rented out home while away). Apparently not an issue if we had been living in an EU country. Not even an issue being British, just need to be a EU citizen. DH told they agree we meet the residency requirements now ! just not the prior EU history to qualify. Not sure if there is anything we can do.

Thanks for posting that, woowoowoo.

And to repeat a salient part, if I've understood correctly:, your NI contributions are being covered because you are claiming Child Benefit for the child under 12.

Not just because you have a child under 12.

So people who aren't claiming CB (perhaps because a Higher Rate Taxpayer in the household would have to pay it back) aren't getting National Insurance contributions paid for them.

Have I got that right?

So people who aren't claiming CB (perhaps because a Higher Rate Taxpayer in the household would have to pay it back) aren't getting National Insurance contributions paid for them.
Have I got that right?

You have 2 options if you're a higher rate tax payer

• if you are a stay at home parent claim the benefit and your partner will pay the tax at the end of year and the stay at home parent will get the NI contributions automatically
• if you are a stay at home parent you can fill in the form and not claim the benefit but you will still get the NI contributions (there is a place to tick from memory).

As long as you register for CB you can opt out of receiving payment ( ie. For HR tax payer) and still get the ni credits.

woowoowoo posted a very useful amount of info on the previous page if anyone is concerned about eligibility.

Headifthehive55 There is no requirement to have been in the UK for 6 months to be classed as ordinarily resident for purposes of entitlement to NHS treatment.

"The NHS operates a residence-based healthcare system and not every person is entitled to free NHS treatment in England. Provision of free NHS treatment is on the basis of being ordinarily resident and is not dependent upon nationality, payment of UK taxes, national insurance (NI) contributions, being registered with a GP, having an NHS number or owning property in the UK. Ordinarily resident means, broadly speaking, living in the UK on a lawful and properly settled basis for the time being."

Now, if someone was testing if you were properly settled, they will be looking at a number of factors but the date you became properly settled isn't a particularly important one. Though I have read about this 6-month qualification period on the Internet (but always from from non-NHS sources, unlike the statement I quoted above).

Just to further clarify, NI protection linked to claiming CB protects pension rights but not rights to contributory working age benefits such as JSA.

yes, woowoo unless the rules have changed very recently, the conts you get because of having a child benefit claim are not the same type you need to entitle you to conts-based benefits, If you want to claim benefits you need to pay them. I'm not even sure you can necessarily 'back date' them either if you paid the gap now.

queen conts-basd JSA hasn't been replaced by UC. you can still claim that. do it, today.

Even in my late teens/early twenties I had the foresight to pay in NI contributions whilst living in a non-EU country..... pats self on the back sorry but paying council tax or even in income tax, does not equal benefits or state pension even.

My Dh had worked for 25 years paying NI and higher tax and when he was made unemployed no help financially was given until after he found a new job and there was certainly no extra help in the form of job seeking. It was awful really.

Contribution based benefits do not come under the UC ruling, its only the Income related benefits that do

Oh shit. You lot have got me worried now.

Im employed by my company but the wage is only 600 a month so no NI or tax is paid on it but im a high rate tax payer on my divididends.

I queried the NI contribution with our accountant who assured me that NI contributions no longer affect your full state pension. He was adamant that we would both be fine claiming the full state pension despite not paying NI.

I have one child aged 4 but dont receive child benefit

But did you register for CB when your dc was born and opt out if payment. Your dividends must be substantial to pay HR tax unless you have other income.

AppleJac, he may be right, in that there have been recent discussions of decoupling pensions from NI contributions - and this may now have happened.

As I remember it, this was being done to look like a lovely generous thing at first ("Look, more pensioners get more!"). But once everybody's used to pensions NOT being related to NI contributions, pensions will start to be presented as "just another benefit" and can then safely be made fully means-tested and cut just like working age benefits ("Feckless old people should have made proper provision for themselves.")

I was surprised this didn't attract more notice when it was discussed /announced.

I think people may still be suffering from Child Benefit Syndrome - you know, the people who wanged on about "those dreadful scroungers on benefits" who fell over with astonishment when their Child Benefit was cut. Because it simply hadn't crossed their minds that they, too, were "on benefits".

I think that's what's happening with pensions.

Sorry, I should look up actual news announcements and gov literature to confirm and link recent changes - that's just from memory of what I saw unfold, and I haven't kept up with latest developments.

This has all already happened to disability benefits, you see.

You can have paid all the correct NI in all the qualifying years, and been found not fit to work even under the new, harsher tests..

And still not be eligible to receive ESA (Incapacity Benefit as was) because, um, well, we've just made a new rule to complicatedly say so.

The accountant did say it was a very recent thing regarding NI no longer affecting pensions. I did have an active claim for child benefit as when dd was born everyone was entitled to it and when she was around 18 months old it changed.

My divididend payout is very high. But the NI thing does worry me. I asked our accountant over and over again if he was sure we would be fine not paying it and he was adamant we were fine

NI is really a tax with another name, there has been talk of simplifying with one deduction. It goes into general taxation pot and is not rinfrnced for what It is originally intended.

My Dh also had trouble claiming cont based USA following some missed NI .

I'm confused due to this thread. If OPs partner didn't qualify for JSA as he's not made NI contributions then how is he any different from another British citizen who has never worked and is able to claim? (I'm thinking someone unemployed after school and who could claim JSA and pretty much stay on benefits forever as a lifestyle choice. They are same as OP as in Brit and no NI contributions yet they qualify???

Note

It may be something to do with claiming child benefit. Child benefit automatically gives you a stamp of NI every month.

note3 they will be claiming income based (which takes into account savings) JSA not contribution based.

applejac I'd look into that some more if I was you and not via the accountant I'd check it independently. On the NI website here there's nothing about this at all, it's says you must pay to be eligible for pension, there are credits if between two limits but you earn above that.

If you earn between £112 and £155 a week, your contributions are treated as having been paid to protect your National Insurance record.

This is from the gov NI website. My wage is 600 a month so i think im ok here?

Sorry, can't count!

You'll be fine for standard pension but wouldn't get contributions based JSA or additional pension.

Ah I think I see, thanks