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NI credits on UC

Ianb
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Macmillan benefits team, Citizens Advice Bristol

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On joint legacy benefit couple claims the claimant got NI credits and the partner added to the claim did not.

On joint Working Tax Credit claims the person receiving the payment could get NI credits but the partner did not.

On UC because each half of a couple make separate claims which are then linked to create the couple unit I had assumed that both would get the Class 3 NI credits. However it occurs to me that the rule may be similar to WTC such that onl6 the person receiving the payment gets the credits. I can’t readily find any information on this nor do I know what legislation it would come under.

Anyone know the answer or able to point me in a direction?

Elliot Kent
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Anyone entitled to UC for a week gets a class 3 credit for that week - see reg 8G of the Social Security (Credits) Regulations 1975. As both partners to a UC joint claim as entitled to UC, it follows that both should be credited.

It would be interesting to see if that is actually happening. I don’t see why it wouldn’t be but who knows.

C.f. WTC where only the employed earner gets the credits in accordance with reg 7C

Ianb
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Macmillan benefits team, Citizens Advice Bristol

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Thanks for your rapid response. Comparing the two paragraphs for UC and WTC it does seem clear that both parties to a ‘joint’ UC claim should get the credits. That is intuitively correct but legislation isn’t always logical!

UC is therefore better than legacy benefits in this respect.

Elliot Kent
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Ianb - 25 October 2018 08:47 PM

Thanks for your rapid response. .

Ha. I was just passing by when your post popped up.

Ianb
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Macmillan benefits team, Citizens Advice Bristol

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Elliot Kent - 25 October 2018 08:52 PM

Ha. I was just passing by when your post popped up.

We should both probably be doing something else at this time in the evening.