National insurance

Mar 26, 2007 2 Replies

My wife works for two hours a week as a numeracy tutor. The pay rate is



17.00 per hour so no national insurance is payable. She sends in her pay claim every month but the last two months claims have been mislaid by the wages department. My wife has sent in duplicate claims and has been paid but as this was 3 months pay (the 2 missing months plus the current month) she has had national insurance deducted. Do her employers have to refund this or should she claim from a government department, if so which one?

A similar thing happened to my wife a year or two ago, and her employer was initially reluctant to sort out the NI until I quoted to them an opinion I'd obtained from DWP. The principle is that the employer has to correct the situation out of their own pocket if the original mistake was theirs, and may or may not be able to recover from DWP; they would be unwise to count on being able to do so!

Matti

I reckon you'd struggle with this. The employer would have to be persuaded that your wife had a 3-month pay period.

In practice, 2hrs / wk @ £17 for 13 weeks = £442. So the NI will be 11% of £442 - £420. That's a grand total of £2.42.

So not worth anyone's time and effort.

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