Can they go back on their maternity allowance word?

[skewiff]

I am self employed and had paid full Class 2 NI for most of the qualifying time, but not for a small bit of it (I had a small earnings exemption certificate for about 3 or 4 months of the qualifying time).

I wanted to back date payment of full Class 2 for these months, but was told its not allowed - so I back paid for a full year, which I was informed is allowed instead.

I've got a letter from NI saying that the backpayment had been accepted and another letter saying that I'm entitled to Maternity Allowance at the full rate for 9 months.

However NI have recently sent me letters saying that I've overpaid NI and do I want a repayment?

I called them and said that I'd overpaid on purpose and wanted the money to be used as a back payment. However they told me it was not possible for the money to be used in this way and that they would either repay me or use the money for future payments instead.

Unfortunately I think I threw away the NI letter that said the £125 I'd paid was being used to back payment. I do still have my maternity allowance agreement letter of course.

Just wondered whether Maternity allowance will realise my back payment is being used in a different way. Whether I should phone them - fight NI more???

I don't know what to do really. Don't want to get full maternity allowance for 9 months and then have to repay loads of it.

You have my sympathy. I recently spent six weeks on the phone to them over a very similar situation involving the accursed SEC (it was totally unclear it would screw over my MA when I applied for it and I had no idea) and qualifying time and back payments of Class IIs.

Every time I spoke to somebody they would say something different about whether back payments whilst a SEC is held count or not. Some were adamant there was no way they would even if you cancelled the certificate, but others said if you returned the certificate it was as if you never had it at all. Complete contradictions. The NIC office would tell DWP/Job Centre Plus that you have payments covering that time and you never had it. Yet DWP says "you can't do that because it's a loophole and everyone would be doing it(!)" (never mind that for 99% of women it's because it's a mistake and they never realised as nobody warned them and their official instructions are so vague!!)

Anyway in my case I managed to push back the date of my self-employment (only started in June last year) so I could legitimately have enough Class IIs in the qualifying period. So imagine my surprise given I'd also cancelled and backpaid my SEC time when they said those weeks with the SEC counted after all as it was now cancelled I really think it all depends on who you talk to on the day or who gets your application.

So I get my full MA.

Unofficially - I honestly think they are so stinkingly incompetent that they will never spot your issue or go back on it. But that isn't a guarantee - who knows if they do spot checks or internal audits etc? Hopefully someone here knows! Anyhow, whatever you do, don't draw attention to it with DWP/Jobcentre Plus by contacting them although I am sure you won't. Have you cancelled your SEC? Maybe that's a way forward if you haven't, as then those payments would cover that period.

Sorry Sparklies - to be so thick - but what is my SEC?

Do you mean my Self Employment status or certificate?

I am planning to stop this as soon as my maternity leave/allowance starts.

And I was thinking that then they have my extra money and won't be able to use it for future NI payments - I'll write to them and confirm I want it to be used a back payment if they contact me again.

I agree that they seem so incompetent that hopefully they'll just not spot anything.