National Insurance Pension Underpayments

Baroness Sherlock Excerpts

Thursday 13th March 2025 Lords Chamber

[Lord Davies of Brixton]

To ask His Majesty’s Government what steps they are taking to reduce the number of underpayments of National Insurance pension where entitlement to that pension is based on a spouse’s National Insurance record, and the underpayment is caused by “official error” by the Department for Work and Pensions.

[The Parliamentary Under-Secretary of State, Department for Work and Pensions (Baroness Sherlock) (Lab)]

My Lords, everyone should receive the state pension payments to which they are entitled. This Government understand the importance of putting right any errors. DWP became aware of issues with historic state pension underpayments in 2020 and took immediate action to investigate and correct the problem. A legal entitlements and administrative practices exercise—LEAP—began in January 2021, and DWP completed the vast majority of cases by December 2024 as planned. The exercise has now closed.

[Lord Davies of Brixton (Lab)]

I thank my noble friend for her Answer and welcome the good news. The problem is that this is only one aspect of the sheer complexity of state pension entitlement for spouses’ pensions. Because of the history, that largely affects women. Does my noble friend agree that the department should perhaps be doing more to inform people so they can find their way through the maze of entitlement?

[Baroness Sherlock (Lab)]

My noble friend raises a really important point. There is a lot of complexity, particularly in the old basic state pension. With the new state pension, your entitlement depends on your own national insurance contributions in the majority of cases, so in future it gets a lot more straightforward. Most people claim their new state pension online, so getting it is mostly automated. However, under the old state pension, if you did not have enough pension in your own right, you could inherit it from a civil partner or a spouse, or a divorced partner or a late spouse. That has led to all kinds of complexities. We are making sure that before someone reaches state pension age, the Pension Service writes to them to tell them what they have to do to claim their state pension. As part of that process, they have to give us the details that enable us to work out if they are still carrying forward any entitlements from partners’ contributions as well as their own.

So, we are really committed to making sure there is clear, accurate, accessible information out there about the state pension. There is lots of it online, on GOV.UK. There is even a tool called “Your partner’s National Insurance record and your State Pension”, which, while not imaginative, is a pretty clear description of what it does. If anyone would rather not go online, they can ring the Pension Service, which will talk them through it. We are really determined to help people get this right.

[Lord Wigley (PC)]

My Lords, will the Minister give an assurance that beneficiaries who have been denied the benefit to which they are entitled will be paid in full, however far back it goes?

[Baroness Sherlock (Lab)]

My Lords, some of the cases in the LEAP exercise go back to 2006, so this is already going back a very long way, but I can reassure the noble Lord that that the exercise went back through the book. This is really complicated, as I am sure he understands, but, in summary, the exercise specifically addressed women who reached the state pension age ahead of their husbands. That was not uncommon because, in those days, the retirement age for women was 60 and for men it was 65, so the woman got to the state pension age first. If she did not have enough pension in her own right and her husband reached the state pension age, she could then have inherited more state pension from his contributions. After 2008, that should have been done automatically by the DWP. Earlier, people had to claim, but where the DWP failed to do that automatically, the department has gone back through the entire book and made payments to all those people. That is what the system has been doing.

[Lord Palmer of Childs Hill (LD)]

My Lords, there seems to be errors and more errors—a tower of errors without end. State pension underpayments have also arisen where there are errors in NI records, because of missing home responsibilities protection. The Minister mentioned pensions for women. Can she tell us how much the department has so far paid in arrears to those affected mothers? When does she expect this correction exercise to be completed?

[Baroness Sherlock (Lab)]

That was slightly different: it was about an error in people’s national insurance records. The DWP itself discovered during a fraud and error exercise that there were some historic errors in recording where people should have had home responsibilities protection in their national insurance record, which in turn would have affected their pension record. The Government have now contacted all the people they have identified as potentially missing HRP and invited them to make a claim for those missing periods. HMRC issued over 370,018 letters to potentially affected customers, and there have been approximately 493,813 hits on the GOV.UK HRP online checker. So far, the DWP has received 19,491 cases from HMRC and processed 11,694 of them, paying arrears of £42 million. I hope that answers the noble Lord’s question.

[Viscount Younger of Leckie (Con)]

My Lords, recent statistics from the DWP demonstrate that 13 million people are receiving state pension payments. Saving adequately for retirement remains a challenge for many, particularly, as has been said, for single women and for those with gaps in employment, such as women taking time out to raise children and people suffering ill health. That is why the previous Government lowered the threshold for auto-enrolment to 18, with an opt-out, to enable retirement savings to commence earlier. As the Minister knows, the deadline of 5 April is fast approaching, before which people under the age of 73 can apply to buy back some of those lost years of contribution going back to 2006, and those benefits could make a huge difference to people’s lives. What is the level of uptake for this? Thinking about the warm words that the Minister gave about publicising DWP products, as it were, what more can she do to publicise this and make sure that the deadline is met?

[Baroness Sherlock (Lab)]

I thank the noble Viscount; there have been good questions today. With the transition from the old state pension to the new state pension, it became more important that people had their own national contribution records in full, because that is what their pension will depend on in future. The previous Government set a deadline—originally April 2023, if memory serves me—by which people had to decide whether to apply to buy back missing years. That deadline was extended to April 2025, so it is coming up on 5 April. I can assure the noble Viscount that there is a surge of people wanting to buy years back; in fact, HMRC and the DWP are working together to ensure that everybody who wants to pay money to fill those gaps in their record can do so. Not only is there the online tool I mentioned earlier; customers can identify gaps and make payments automatically without even contacting the DWP or HMRC, or they can phone us. We have increased resources to about 480 people working across the Revenue and the DWP to manage the high volume of calls coming in.

To reassure not just the noble Viscount but anyone listening out there: as long as people contact the DWP ahead of the 5 April deadline, they will be able to fill gaps back to 2006. In addition, we have launched an online call-back form; people can simply register their interest and the DWP will call them back within eight weeks. Again, provided they register that interest before 6 April, they will be able to fill those gaps if they want to.

[Baroness Coffey (Con)]

My Lords, I welcome what the Minister has said. The Answers to some Parliamentary Questions I tabled to the noble Lord, Lord Livermore, suggested that HMRC did not hold these records centrally, so I am delighted to hear that work is ongoing. May I press the Minister further on what she just said? I am delighted to hear about the increased resources, but there is an intricate calculation to be made: for some people, it will not be worthwhile paying the extra voluntary national insurance contributions if they consequently miss out on pension credit. Recognising that the timeline is fast approaching, can the Minister assure me that sufficient resources are in place to help people make that calculation?

[Baroness Sherlock (Lab)]

The noble Baroness makes an excellent point; I would expect no less, since she has rather more experience in this field than I do. She is right that there will be some people, in limited circumstances, for whom this becomes a marginal issue. A significant amount of information is available online from the DWP about the different sets of criteria, but I will check on the points she made and see whether we need to do anything else to make sure that the information is out there.