NIM37016 - Refunds: retrospective change of employment status from employed earner (Class 1) to self-employed (Class 2)
Section 19A of the Social Security Contributions and Benefits Act 1992 (SSCBA 1992)
Section 19A provides a 2 year limitation on the refund of Class 1 contributions paid in error in that the employment from which the earnings are derived is not employed earner’s employment, but self-employment.
In these cases section 19A will come into effect subject to the 2 year time limit.
Where a workers status changes from employee to self-employed, the period for which a refund of wrongly paid Class 1, Class 1A or Class 1B is available is 2 years.
»Ê¹ÚÌåÓýapp overall effect is that all claims to refund falling after April 2004 are subject to this 2 year limitation bringing finality to the contribution record, protecting benefit and reducing the administration costs to the taxpayer.
»Ê¹ÚÌåÓýapp two year limit relates to NICs paid in the same tax year in which the refund claim is made - this is usually the current tax year (which can be refunded by the employer/engager), and the previous tax year.
Class 1 NICs paid outside of these limits are treated as correctly paid and will remain on the individual’s NI account. »Ê¹ÚÌåÓýappse may increase an individual’s entitlement to State Second Pension (formerly State Earnings Related Pension (SERPS)).
In these cases you also need to take account of