CHRISTINE BRADLEY v Revenue & Customs (NICS - whether class 3 contributions made were precluded) [2021] UKFTT 460 (TC) (08 December 2021)

CHRISTINE BRADLEY v Revenue & Customs (NICS - whether class 3 contributions made were precluded) [2021] UKFTT 460 (TC) (08 December 2021)

The appellant was not precluded from making the class 3 NICs payment, but made the payment in error due to impaired judgment and mistaken belief about her future work prospects; therefore, the payment should be refunded.

Citation
[2021] UKFTT 460
Parties
Appellant: Christine Bradley; Respondents: The Commissioners for Her Majesty’s Revenue and Customs
Jurisdiction
United Kingdom
Judgment Date
08 December 2021
Procedural Posture
Appeal / First Tier Tribunal (tax Chamber) Decision
Outcome
Appeal allowed
Legal Topics
National Insurance Contributions, Class 3 Contributions, Refund of Contributions, Error or Mistake in Payment

Case Brief

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Parties

Christine Bradley

Appellant

The Commissioners for Her Majesty’s Revenue and Customs

Respondents

Procedural Posture

Appeal / First Tier Tribunal (tax Chamber) Decision

  1. 1 Whether the appellant was precluded from making class 3 NICs for 2016/17
  2. 2 Whether the class 3 NICs were paid in error and should be refunded

Ratio Decidendi

The appellant was not precluded from making the class 3 NICs payment, but made the payment in error due to impaired judgment and mistaken belief about her future work prospects; therefore, the payment should be refunded.

Court Disposition

Appeal allowed

Orders

  • HMRC to refund £733.20 to the appellant as class 3 NICs paid in error