Gek Siu Ng v The Commissioners for HMRC

Decision date: 28 November 2022

Neutral citation: [2022] UKFTT 441 (TC)

Overall AI summary confidence: high

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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: high

This appeal concerned whether HMRC should have allowed an extension under Regulation 50 for late voluntary Class 3 NICs for 1996–97 to 2001–02. The Tribunal found Ms Ng had been informed of the unpaid years and deadline, understood the basic NIC regime, and that her long continued inaction showed a lack of due care and diligence; she did not discharge the evidential burden to show her ignorance or error was not caused by lack of care. The appeal was dismissed and HMRC's refusal upheld.

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

Where a contributor knows the basic features of the National Insurance contributions regime and has been warned in writing of unpaid years and relevant deadlines, continued inaction over a prolonged period may demonstrate a failure to exercise due care and diligence such that ignorance or error under Regulation 50 is not established; the appellant bears the evidential burden of showing that any ignorance or error was not caused by lack of due care.

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 noted that paying contributions for other years does not automatically negate culpable inaction regarding specific unpaid years, and that claimed compassionate circumstances (bereavement, unsettled work, limited residence) require evidential support to rebut findings of lack of due care.