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Posted Fri, 05 Jan 2024 23:28:38 GMT by
Hello, I am desperate for help on whether there is any way I can pay the gaps in my NI for the last two years. I lived in Australia between 2015 and 2022. Prior to leaving I was employed in the UK and paid 12 years of NI. I have returned to the UK due to a work injury I had in Australia. I have zero capacity for work. I am unlikely to ever regain my prior capacity for work, and an impairment is likely to be permanent. I had to move back to the UK as I have no family in Australia and I needed to be cared for by my mum, who lives in the UK. I don't yet qualify for PIP because I need to be in the UK for 2 out of 3 years, but I just learned about contribution based ESA. I have been a UK tax resident since 27/07/22. I earn a foreign income (non employment) which is liable for UK tax only. I have completed self assessments for FY23 and will do another in FY24. My questions are: 1. I haven't been working since living here, and haven't claimed benefits other than child benefit since 01/06/23. 27/07/22, Are there any way I can make class 2 contributions to make me eligible for contribution ESA, for FY23 and FY24, based on my foreign income? FYI - my foreign income is classified under pensions and annuities. I am 34 years old so this is not a pension, but this legal classification was the most suitable under the double taxation treaties. 2. Does the fact that I have paid 12 years of NI immediately prior to leaving the UK qualify me for contribution based ESA? 3. I was told that applying to pay NI gaps for the period I was living and working abroad (via the CF38 form) is currently taking 42 weeks to process. Is there any way I can claim ESA before I receive the decision, or any way I can pay class 2 contributions regardless? Thank you!
Posted Tue, 23 Jan 2024 09:44:09 GMT by HMRC Admin 19 Response
Hi,

You will be unable to pay class 2 UK National Insurance based on your foreign income as it is not employment.

In relation to the years while you were overseas, the CF83 application form will be issued once it has been assessed. Our current timescales can be viewed here:

Check when you can expect a reply from HMRC

There is no reciprocal agreement between the UK and Australia for social security, only for health care.

The Department for Work and Pensions can assist you with any benefit related queries and the options available to you based on your circumstances.

Contact Jobcentre Plus

Thank you.
 

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