Tax and national insurence

[slick132]

Hi Fatbelly, Looking in as asked ...............

 

I have 2 suggestions :-

 

1. Call the number from where the letter came to get some info.

 

2. I would get down to the Jobcentre and ask them to explain the decision. Take your last few payslips, a copy of your P45 and your last 2 P60's with you.

 

It's very unusual for an employer to make deductions and NOT pay them over as required, particularly since the introduction of the "Real Time" PAYE deductions reporting system came in last year.

 

Failure by an employer to pay over any tax or NIC on time, or at all, is taken very seriously by HMRC.

 

 

Can you tell us:-

 

Were you the only employee or were there several, or many.

 

How long had you worked there approx.

 

What did you earn gross each week or month approx.

 

Did your payslips show tax and NIC being deducted each month.

 

[slick132]

Hi Fatbelly,

 

Given what you say about the level of your earnings, I cannot see why DWP would say you've not paid enough NIC.

 

Can you confirm exactly what their letter says about this.

 

Also, from what you say, I think it unlikely the employer has not been paying over the PAYE deductions. It's possible this happened in the last month or so before the Co went under. But I'd be very surprised if this went on, unnoticed, for any significant time.

 

In any event, if you can show that deductions were taken and you were paid the Net amount each week, HMRC should not penalise you, even in the unlikely event that the PAYE deductions were not paid to HMRC as required.

 

Don't wind yourself up calling the NI Helpline. Answer about what the letter says and we'll take it from there.

 

[slick132]

Hi Fatbelly,

 

A P46 will not apply here yet - that comes into play when you start a new job and have no P45.

 

On reading the text from DWP's letter, I think they are saying :-

 

You have no good reason for the delay in making your claim so we can't back-date it from 6th Dec'r to 27th Jan.

 

Accordingly we cannot credit you with NIC for the same period.

 

What I don't yet understand, and what you need to query at the Jobcentre, is their statement that you don't qualify for JSA from 28th Jan onwards due to insufficient NI Class 1 contributions.

 

Ask them why this is so, and ask if their records show that you paid NIC Class 1 in 20121/12 of £xxx and 2012/13 of £xx, as per your P60's.

 

This should tell you if the employer was paying over the PAYE deducted as necessary.