Sonja Moss v Commissioners for Her Majesty's Revenue and Customs

Decision date: 1 July 2010

Neutral citation: [2010] UKFTT 295 (TC)

Overall AI summary confidence: medium

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Short overview

This short overview is intended to summarise the case, issues and outcome so far as they are supported by the judgment.

AI confidence in this short overview: medium

Mrs Moss, who made a married woman's election to pay reduced Class 1 National Insurance contributions 1966–1979, sought to pay Class 3 contributions for 6 April 1975–5 April 1979 to augment her state pension. The Tribunal held the statutory scheme (including reg 132, s14(1) and related provisions) precluded payment of Class 3 for years where Class 1 contributions were paid or treated as paid, and that the Pensions Act 2008 reform with a six‑year retrospective limit did not afford her entitlement. The appeal was dismissed.

Ratio decidendi

This summary is intended to identify the ratio decidendi, meaning the legal reasons for deciding and the binding part of the decision.

AI confidence in this ratio decidendi summary: medium

The decision identifies that, under the statutory provisions and regulations relied on, a person who has paid or is treated as having paid Class 1 contributions for a given year cannot subsequently make up that year by paying Class 3 contributions; and that a time‑limited reform (here a six‑year limit measured from pensionable age) can validly restrict retrospective entitlement to pay additional contributions introduced after pensionable age.

Obiter dicta

This summary is intended to identify obiter dicta, meaning observations made by the way that were not necessary to deciding the case and are not binding.

AI confidence in this obiter dicta summary: medium

The Tribunal suggested (obiter) that distinguishing between women who deliberately elected reduced‑rate contributions and those who did not work may be justifiable and not amount to unlawful discrimination, and that relief is inappropriate where the appellant seeks to undo an historical, deliberate choice made for immediate financial benefit.