Guidance

Windrush Compensation Scheme: State Pension solution

Published 29 December 2023

Introduction

If you were unable to work because you could not demonstrate your lawful status in the UK, the Windrush Compensation Scheme will make sure that the amount of State Pension you get will not be affected.

Once you have accepted your offer of compensation from the Windrush Compensation Scheme (which must include an offer of compensation for loss of access to employment), the Home Office will pass your details to the Department for Work and Pensions (DWP). They will check if there are gaps in your National Insurance record during the period you have been compensated for. This also applies if your claim was previously concluded and you have accepted an offer of compensation for loss of access to employment.

If there are gaps in your National Insurance record, DWP will also check whether filling these gaps will improve your State Pension to make sure you get the full amount of State Pension you are entitled to. If there are no gaps in your National Insurance record in the compensation period, or if filling them will not improve your State Pension (because for example you already qualify for a full State Pension), the Home Office will write to you to tell you no further action will be taken.

Filling gaps in your National Insurance record

The Home Office will pay for HM Revenue & Customs (HMRC) to fill gaps in your National Insurance record if you are:

• below State Pension age and filling gaps in your National Insurance record will improve your State Pension forecast
• over State Pension age and filling gaps in your National Insurance record will improve your current State Pension

The Home Office, HMRC or DWP will contact you to let you know what action has been taken.

State Pension arrears payments if you are over State Pension age

If you already get State Pension and it increases because HMRC fill the gaps in your National Insurance record, you may be due arrears.

DWP will contact you about this, and the Home Office will let you know when the action is complete.

Benefit Review if you are over State Pension age

If you already get State Pension and income related benefits, filling gaps in your National Insurance record to improve your State Pension may affect the benefits you receive. Therefore, before we do anything, the DWP Visiting Team will arrange a Benefit Review to help you decide if you would like HMRC to fill the gaps in your National Insurance record.

Deceased Estate claims

For claims made on behalf of the estates of individuals who were above State Pension age when they passed away, DWP will check if there were gaps in the deceased person’s National Insurance record during the time they were unable to work because they could not demonstrate their lawful status.

If there were gaps and filling them would have improved the State Pension the deceased person was receiving before they passed away, DWP will pay arrears to the estate.

DWP will contact the representative of the estate about this, and the Home Office will let them know when the action is complete.

If you inherited some of your spouse or civil partner’s State Pension when they died and you get income related benefits, filling gaps in their National Insurance record to improve your State Pension may affect the benefits you receive. Therefore, before we do anything, the DWP Visiting Team will arrange a Benefit Review to help you decide if you would like HMRC to fill the gaps in their National Insurance record.

Contact details

You can contact the free Windrush Help Team for more information on 0800 678 1925 (Monday to Friday 9am to 5pm).