Sole director hasn't paid NI -will he get pension?

Director had salary below NI threshold - will those years count towards his pension or not?

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I have recently taken on a client who has a small limited company which only employs himself. For years, his previous accountant has made sure that when he was paid as an employee of the company, he was paid below the NI threshold to avoid paying NI. I queried this and he was under the assumption that each year that he didn't pay national insurance was still a year counting towards his pension. However, my understanding is that you actually have to pay national insurance in a year for that year to count towards your pension. Can anyone please confirm which is right?

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By Tim Vane
18th Jun 2018 12:31

His previous accountant is right, presuming by "NI threshold" you mean the PT and that the payments were above the LEL.

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Replying to Tim Vane:
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By Jimmy MBA
21st Jun 2018 16:52

Hi Everyone

Spoken to HMRC.

Thank you.

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Replying to Jimmy MBA:
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By Briar
20th Jun 2018 11:56

Oh Dear!

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By johngroganjga
18th Jun 2018 12:35

What you are missing is that the threshold for the year to qualify for pension purposes is not the same as the threshold above which NI is payable the earnings.

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By JDBENJAMIN
18th Jun 2018 13:14

If his salary was above the LEL and below the PT, he would still have been technically paying NI, it's just that the rate at which he was 'paying' it was 0%, so it still counts.

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By Wanderer
18th Jun 2018 13:14

Additionally if you are relying on 'Above lower earnings limit but below primary threshold' rule then you need to make sure PAYE / RTI submissions were made.

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By Briar
18th Jun 2018 15:32

Why have you taken on a client when you don't know the basics? Do you not go on courses? Do you not have any textbooks? I hope that your clients do not see your post and come to the conclusion that you do not know what you are doing and hence leave you!

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