Settlement: refugee or humanitarian protection

Overview

You can apply to settle in the UK (known as ‘indefinite leave to remain’) if you’ve got a residence card as a:

refugee

person with humanitarian protection

Check if you’re eligible in the relevant category.

Fees

There’s no fee for applying for settlement as a refugee or person who’s been given humanitarian protection.

Family members

You may be able to include your partner and any children on your settlement application if they’re already in the UK as your dependants. This includes children born in the UK.

Check if your family member is eligible.

If your application (your settlement application) is successful, your family members (Family members) will have the same permission to stay in the UK as you do.

If you cannot include your family members on your settlement application

If your family was formed before you left your country, your partner and children can apply to be reunited with you in the UK.

Your family members must apply for a visa to join you in the UK if one of the following is true:

they (your family members)’re not eligible to apply as a partner or a child

your family was formed after you left your country

If your application (your settlement application) is successful, your family members will have permission to stay in the UK for the same length of time as you.

Eligibility

You can apply after 5 years in the UK as either:

a refugee

someone with humanitarian protection

If your application is refused

Your settlement application may be refused if you’ve got a criminal record or been in prison - read why applications are refused.

If you still need humanitarian protection or are a refugee, you can stay in the UK for 3 more years. Your refusal letter will explain what you’ve been offered instead of settlement.

Apply

You must apply online. You’ll be told what documents you need to provide when you apply.

Get help using a computer to apply online

You can get help with:

accessing a computer or the internet

finding the right information on GOV.UK

You cannot get advice on:

whether you’re eligible to apply

what information to put in your application

an application you’ve already made

Providing biometric information and supporting documents

When you apply, you’ll be asked to make an appointment at a UK Visa and Citizenship Application Services (UKVCAS) service point to provide your biometric information (your fingerprints and a photo).

Any children aged 6 and over who are applying on your form must also provide biometric information.

You’ll also need to submit your supporting documents (supporting documents). You can:

upload them (supporting documents) to the online service

have them (supporting documents) scanned at your UKVCAS appointment

You must not travel outside the UK, Ireland, the Channel Islands or the Isle of Man until you get a decision. Your application will be withdrawn if you do.

When to apply

You should apply during the last month of your current permission to be in the UK.

Fees

There’s no fee for applying for settlement as a refugee or person with humanitarian protection.

Family reunion

Your partner or child may be able to join or stay with you in the UK if:

you were part of a family before you were forced to leave your country

you have refugee status, 5 years’ humanitarian protection or settlement on protection grounds but do not yet have British citizenship

Your partner or child cannot join you if:

you have not received a decision on your asylum claim

you’re under 18

If their application is successful, your family members will be allowed to come to or stay in the UK with the same permission as you.

Eligibility

Your partner and any children must meet the following requirements.

Partner

Your partner is someone you’re in a genuine relationship with. You must be able to prove one of the following:

you’re married

you’re in a civil partnership

If you’re not married or in a civil partnership, your partner may be able to join you if:

you were given refugee status or humanitarian protection on or after 9 October 2006

you’ve lived together in a relationship like in a marriage or civil partnership for 2 years and you’ve been given asylum or humanitarian protection after 9 October 2006

You and your partner must intend to live together and continue your relationship after they apply.

Children

Your child is:

under the age of 18

going to live with you and your partner

not married or in a civil partnership

Apply outside the UK

Your partner or child must apply online for family reunion.

You can apply on behalf of your child but, in most cases, your partner must make their own application.

They (your partner)’ll also have to complete application form VAF4A with Appendix 4.

They (your partner)’ll need to have their (your partner) fingerprints and photograph (known as ‘biometric information’) taken at a visa application centre as part of their (your partner) application.

North Korea

Your partner or child cannot apply online if they’re applying from North Korea.

They (Your partner or child) need to download application form VAF4A with Appendix 4.

They (Your partner or child) should read the guidance on filling in the form (application form VAF4A with Appendix 4) and the instructions for North Korea.

Apply in the UK

Your partner or child can apply to stay with you in the UK if all the following are true:

you have refugee status or humanitarian protection in the UK

they (Your partner or child)’re making their (Your partner or child) first application to stay with you and they (Your partner or child)’re already in the UK

they (Your partner or child) can prove their (Your partner or child) relationship pre-dates your departure from your home country because of persecution

They (Your partner or child) must apply by letter to:

Providing biometric information and supporting documents

When your family member applies, they’ll be asked to make an appointment at a Service and Support Centre to provide their biometric information (their fingerprints and a photo) and have their supporting documents checked.

Fees

There’s no fee for applying for family reunion for eligible family members.

Family applying as dependants

If you’re a refugee or have humanitarian protection, your family members can apply for settlement on the same form as you if they’re already in the UK.

Family members (your family members) are:

your partner (husband, wife, civil partner or the person you’ve been in a genuine relationship with for 2 years before applying to settle)

your child or children - born in the UK or abroad

Eligibility

Your family members must either have been given permission to be in the UK with you:

as your dependant, at the same time you were granted asylum or Humanitarian Protection

using the family reunion route

A child of yours born in the UK who is not a British citizen is also eligible.

You need to provide evidence of your relationship - check the application form.

Children over 18

You can only include your children over 18 in your settlement application if:

they (your children over 18) were granted as your dependant when you got your original grant of asylum and leave to enter or remain

they (your children over 18) were granted leave to enter or remain by applying for family reunion

Other exceptions

You cannot include a partner or other dependant who:

already has permission to be in the UK in another category

is currently in the UK without permission

Apply

Get help using a computer to apply online

You can get help with:

accessing a computer or the internet

finding the right information on GOV.UK

You cannot get advice on:

whether you’re eligible to apply

what information to put in your application

an application you’ve already made

Providing biometric information and supporting documents

You’ll also need to submit your supporting documents. You can:

upload them (your supporting documents) to the online service

have them (your supporting documents) scanned at your UKVCAS (UK Visa and Citizenship Application Services (UKVCAS)) appointment

When to apply

Fees

There’s no fee for applying for settlement for a family member.

If your application is refused

If you have a criminal record or have been in prison, you may be refused settlement.


Prove your knowledge of English for citizenship and settling

Overview

You might need to prove your knowledge of the English language if you’re 18 or over and applying for citizenship or to settle in the UK (known as ‘indefinite leave to remain’).

You can prove it (your knowledge of the English language) by having either:

an English (the English language) qualification at B1, B2, C1 or C2 level

a degree taught or researched in English (the English language)

You do not need to prove your knowledge of English (the English language) in certain circumstances.

Your citizenship or settlement application will be refused if you send the wrong qualifications.

If you need more time

If you’re already in the UK you may be able to extend your permission to stay, so that you can prove your knowledge of English (the English language).

Check the guide for your current visa for instructions on how to apply for an extension.

Who does not need to prove their knowledge of English (the English language)

You do not need to prove your knowledge of English (the English language) if you’re:

aged 65 or over

unable to, because of a long-term physical or mental condition

You must provide a completed exemption form from a doctor confirming your physical or mental condition.

Nationalities that are exempt

You will not need to prove your knowledge of English (the English language) if you’re a citizen of:

Antigua and Barbuda

Australia

The Bahamas

Barbados

Belize

Canada

Dominica

Grenada

Guyana

Jamaica

Ireland (for citizenship only)

Malta

New Zealand

St Kitts and Nevis

St Lucia

St Vincent and the Grenadines

Trinidad and Tobago

USA

If you’re from a country that’s not on the list you’ll need to prove your knowledge of English (the English language), even if English (the English language) is an official language.

If you’re applying for citizenship

There are no other exemptions if you’re applying to become a British citizen. You must have a relevant English language (the English language) qualification even if you were exempt when you were granted settlement.

Exemptions if you’re applying to settle

You do not need to prove your knowledge of English (the English language) if you’re applying as:

a victim of domestic violence as the partner or spouse of a British citizen or someone settled in the UK

the partner or spouse of a person who has died who was either a British citizen or someone settled in the UK

an adult dependent relative between 18 and 64 of someone who is present and settled in the UK, is a refugee or has humanitarian protection

a refugee living in the UK

someone living in the UK with discretionary leave

someone living in the UK for with humanitarian protection

someone who has permission to stay in the UK as a retired person of independent means

a Commonwealth citizen on discharge from HM Forces, including Gurkhas

someone in exceptional circumstances, for example as an orphan, widow or over-age dependant

Approved English language (the English language) qualifications

You can prove your knowledge of English (the English language) by having a recognised English (the English language) test qualification from an approved test centre.

You need to have a certificate to prove you have the qualification (a recognised English (the English language) test qualification from an approved test centre), or be able to view your results online.

You can only use English (the English language) for Speakers of Other Languages (ESOL) qualifications if they’re on the list. You cannot use other qualifications, for example GCSEs, A levels or National Vocational Qualifications (NVQs).

If your qualification has run out

Some recognised test qualifications only last for 2 years. You can still use a B1 level qualification that you took more than 2 years ago in 2 situations.

Applying for citizenship

You can use a B1 level qualification that’s run out if you’re applying for citizenship and it was accepted when you settled in the UK.

It does not matter if the B1 level test you took (a B1 level qualification that’s run out) is not on the current list of recognised tests. You do not need to take another test.

Applying to settle in the UK

You can use a B1 level qualification that’s run out if both of the following are true:

it (a B1 level qualification that’s run out)’s on the current list of recognised tests

it (a B1 level qualification that’s run out) was accepted for another UK immigration application, for example when you got permission to enter

If your degree was taught or researched in English (the English language)

You can prove your knowledge of English (the English language) by having a degree that was taught or researched in English (the English language).

If your degree is from a UK university, you only need your degree certificate.

If your degree is not from a UK university you’ll need:

a copy of your degree certificate

an Academic Qualification Level Statement (AQUALS) from Ecctis (formerly UK NARIC) confirming the degree (your degree) is equivalent to a UK qualification.

If your degree is from a non-majority English-speaking country you’ll also need an English Language (the English language) Proficiency Statement (ELPS) from Ecctis (Ecctis (formerly UK NARIC)) confirming the degree was taught in English (the English language).

If you’ve lost your certificate or you’re waiting for graduation

You must have proof that you’ve passed your degree. This can be either:

an official transcript with your name, the name of the institution, your degree and confirmation of the award

an official letter from your university confirming it cannot reissue your certificate (your degree certificate) or when it (your degree certificate) will be issued

Your letter must include:

your name

your degree

the date the degree was or will be awarded


Refugee integration loan

Overview

You can apply for a refugee integration loan to pay for:

a rent deposit or rent

household items

education and training for work

You must be over 18 and either:

a refugee or you’ve been given humanitarian protection

a dependant of a refugee or someone who’s been given humanitarian protection

allowed to enter or stay under either of the above after 11 June 2007

The smallest amount you can borrow is £100.

Integration loans are interest-free - you only pay back what you borrow, but you must make regular payments.

Contact your local Jobcentre Plus before applying for this loan (Integration loans) to see if you can get help with training, education, work, living or childcare costs - you may be able to get this help for free.

What you'll get

How much money you might get depends on:

your circumstances, for example any savings you have or your ability to pay back the loan

how much is available - the funds are limited and loans can vary

What you can use your loan for

You can only use the loan (Integration loans) to help you get what’s essential to help you integrate into UK society, for example housing, education or work. This includes:

a housing deposit, rent payment or moving costs

essential items for your home

training or retraining

basic living costs while training

work clothing and equipment

What you cannot use your loan for

You cannot use the loan (Integration loans) to pay for items including:

general living costs, for example household bills and council tax

cars, driving lessons, driving licences and fuel costs, unless it’s essential to your work

paying debts

travel costs for family members to join you in the UK

You may be asked to prove how you spent the loan (Integration loans). You may have to repay it (Integration loans) in full straight away if you do not use it (Integration loans) for the reason you said on your application.

Read the integration loans policy guidance to find out how you can use your loan.

How you're paid

Loans are usually paid into your bank or building society account in the same way as benefits.

You will be paid by Simple Payment if you cannot open a bank account, and if you already receive benefits in this way.

Repaying the loan

You’ll have to sign a repayment agreement if your application for the loan is successful.

You will not usually have to start repaying the loan until 6 weeks after you get the money.

How much your repayments are and how you pay will depend on your circumstances. For example, you may have to pay more and in a shorter time if you start working and your benefits change.

Your loan will not usually affect any income-related benefits you get unless you have more than £6,000 in savings.

You must tell Jobcentre Plus if you get an integration loan.

Eligibility

You can apply for an integration loan if you:

are a refugee

have been given humanitarian protection

are a dependant of a refugee or someone here under humanitarian protection

You can also make a joint application with your husband, wife or partner.

You cannot apply if you:

are under 18

were allowed to enter or stay as a refugee or under humanitarian protection before 11 June 2007

are an asylum seeker who’s been allowed to settle by a decision outside the Immigration Rules

have had an integration loan before, including a joint loan

Your application may be refused if you’ve been convicted of a criminal offence since you arrived in the UK.

How to apply

Read the integration loan application form guidance before you apply.

You must provide your National Insurance number - if you do not have one, you must apply for one at your local Jobcentre Plus before you apply for an integration loan.

You should also provide photocopies of documents including:

your biometric residence permit, immigration status document or passport

a bank statement or letter confirming your bank details

Download and fill in the integration loan application form. Make sure you sign it.

Scan or photograph the completed form (the integration loan application form) and supporting documents and email them to integrationloan@homeoffice.gov.uk.

You cannot currently apply by post. If you sent a postal application before 20 March 2020, your application will still be reviewed. You do not need to do anything.

Get more help

Your local refugee community organisation can help you with your application and filling in the form (the integration loan application form).

You can also contact the integration loan team.


Find an immigration removal centre

Overview

You can visit someone in an immigration removal centre or short term holding facility.

You’ll be given a surgical mask when you arrive at the immigration removal centre that you must wear, unless you are exempt.

You must also follow social distancing guidelines while you’re at the centre (the immigration removal centre).

Check with the centre:

what the visiting hours are

if you need to book an appointment

what ID you need

what items you’re allowed to take with you - you may be searched when you arrive

You may be able to contact someone in a removal centre by phone, email or video call. Contact the immigration removal centre to check.

Brook House, Gatwick

Visiting hours are 2pm to 5:30pm and 6pm to 9pm each day. Last admission is at 8.30pm.

You must book at least one day in advance, between 8am and 9pm.

You must bring the following:

passport or travel document

driving licence (paper and photo sections)

Or you can bring 2 of the following:

birth or marriage certificate

rail or bus pass with photo

employer’s ID or student card with photo

young person’s proof of age card

trade union membership card

older person’s bus pass

benefits book

application registration card (ARC)

There’s a free bus service from Atlantic House to Brook House (Brook House, Gatwick) with a stop at Tinsley House. The pick-up point is in front of Atlantic House, just outside Gatwick South Terminal.

There’s a free on-site car park. If you use a sat nav, use the street name Perimeter Road South, not the postcode.

Colnbrook, Middlesex

Visiting hours are 2pm to 9pm each day.

You must bring the following:

photo ID (passport or driving licence)

utility bill showing your name and address

Dungavel House, South Lanarkshire

Visiting hours are 1:30pm to 8:30pm.

You must bring 1 type of photo ID (passport, driving licence), or 2 of the following:

birth or marriage certificate

rail or bus pass with photo

employer’s ID or student card

young person’s proof of age card

trade union membership card

older person’s bus pass

There’s a free bus service between Hamilton bus and train station and Dungavel House (Dungavel House, South Lanarkshire).

Harmondsworth, Middlesex

Visiting hours are 2pm to 9pm each day.

You must bring the following:

photo ID (a passport or driving licence)

Larne House short term holding facility, Antrim

Visiting hours are 2pm to 9pm each day – you must book in advance.

You must bring the following:

photo ID (passport or driving licence)

Morton Hall, Lincolnshire

Visiting hours are:

1:30pm to 4:15pm every day except Thursday

1:30pm to 8:15pm on Thursday

You must book in advance.

You must bring the following:

photo ID (passport or driving licence)

utility bill or bank statement, less than 3 months old, showing your name and address

You can use a free taxi service available to and from Lincoln and Newark rail stations. You must book at least 24 hours in advance on 01522 666 819.

Manchester short term holding facility

Visiting hours are 2pm to 9pm each day. You must book in advance.

You must bring the following:

photo ID (passport or driving licence)

Follow the signs to World Freight Terminal. Building 302 is on the right hand side of the road.

Tinsley House, Gatwick

Visiting hours are 2pm to 5.30pm and 6pm to 9pm each day. Last admission is at 8:30pm.

Everyone who visits must have ID, including children. You must bring one of the following:

passport or travel document

Or you can bring 2 of the following:

birth or marriage certificate

rail or bus pass with photo

employer’s ID or student card

young person’s proof of age card

trade union membership card

older person’s bus pass

benefits book

application registration card (ARC)

There’s a free bus service from Atlantic House to Tinsley House (Tinsley House, Gatwick) with a stop at Brook House. The pick-up point is in front of Atlantic House, just outside Gatwick South Terminal.

Yarl's Wood, Bedfordshire

Visiting hours are 2pm to 5pm and 6pm to 9pm each day.

You must book at least one day in advance.

You must bring the following:

photo ID (passport or driving licence)

There’s a bus service between Bedford station and Yarl’s Wood (Yarl's Wood, Bedfordshire).


Rights and responsibilities for reservists and employers

Introduction

Members of the reserve armed forces (reservists) and their employers have certain rights and responsibilities when a reservist:

joins up or starts a new job

is called up for service (mobilised)

returns to work

Financial support is available for both employers and reservists when they’re called up.

Time off for training

Employers do not have to allow time off for training, but may choose to.

Training for reservists is usually made up of:

one evening a week

several weekends throughout the year

a 15-day training course each year

Find employers that support reservists.

Redundancy

Reservists cannot be made redundant due to training or mobilisation. They must be treated the same as other employees if there are redundancies because of closure or business problems.

How the employer is notified

Reservists need to give their employer’s (the employer) details to their commanding officer. Employers then usually get a letter from the Ministry of Defence (MOD) within 5 weeks of an employee signing up.

MOD (the Ministry of Defence (MOD)) does not contact employers in Northern Ireland, but reservists still need to give details of their employer to their commanding officer.

Reservists only have to tell their employer themselves if it’s a condition of their job that they do not take any other work.

When an existing reservist changes jobs

Reservists should tell their commanding officer, who’ll tell the new employer.

Asking MOD (the Ministry of Defence (MOD)) not to tell an employer

Reservists can ask MOD (the Ministry of Defence (MOD)) not to tell their employer if they have a good reason, for example it would put them at a disadvantage if their employer knew.

Apply to your commanding officer for an ‘employer notification waiver’. The waiver lasts for 12 months, but you can apply to renew it.

If the reservist is called up

In most cases the reservist (Reservists) will get 28 days’ notice when they (Reservists)’re called up (mobilised). They (Reservists) should let their (Reservists) employer know as soon as possible.

Mobilisation

Reservists will be sent a ‘call-out notice’ if they (Reservists)’re needed for full-time service. This is known as ‘mobilisation’.

You must answer your call-out notice (a ‘call-out notice’) - the letter will tell you what to do.

In most cases, reservists get 28 days’ notice, but they could get less if they’re needed urgently.

As a reservist, you should tell your employer as soon as possible when you know you’re being mobilised. Employers will also be sent a pack about their rights and responsibilities.

Financial assistance

Financial assistance is available for both reservists and employers.

Reservists’ rights

Employers can be fined in court and made to pay compensation if they end a reservist’s employment because of mobilisation.

After service, reservists have a right to return to the same job.

Apply to delay or cancel mobilisation

You can apply to delay or cancel mobilisation:

as a reservist, if you’re called up at a difficult time (for example, you’re caring for someone or you’re in full-time education)

as an employer, if it would seriously harm your business (for example, by causing financial harm or making it difficult to produce goods or provide services)

You can apply to:

defer mobilisation for up to a year - you’ll get a new date to report for duty

get an exemption for a year or more - you will not be called out again until it expires

cancel (revoke) mobilisation if you’ve already been mobilised

Deadline for applying

Reservists and employers must apply within 7 days of getting the call-out notice (a ‘call-out notice’). If you miss this deadline (Deadline for applying), you’ll have to get permission from the adjudication officer to make a late application.

If your application is unsuccessful you can appeal.

Who to contact

If you’ve already been mobilised contact your commanding officer.

To apply to delay or cancel mobilisation, contact one of the following:

the person named in the notice

the adjudication officer at the mobilisation centre

the adjudication officer for the service

Apply in writing by email, post or fax.

Financial support for reservists

If you’re called up for service you can claim financial support to cover:

the difference between your civilian pay and your service pay

the cost of any benefits in kind your employer stops

The total amount you can claim is £400 a day.

If you’re serving as a medical consultant with the defence medical services, you can claim up to £822 a day.

Company benefits

You can claim for benefits normally provided by your employer, including:

health insurance or medical care

life insurance

education fees for dependent children

accommodation

If you have to return a company car that’s used by your partner (for example, husband or wife), children or dependent relatives, you can claim £10.70 a day (around £325 a month).

Pension contributions

While you’re mobilised you can either:

ask for the days you’re mobilised to count towards the Armed Forces Pension Scheme

keep contributing to your personal or work pension (the Ministry of Defence will pay your employer’s contributions)

If you’re self-employed

If you’re self-employed, a partner or a company director, you can claim for:

the difference between your service pay and earnings from your business

up to £2,000 business costs from stopping trading

agency fees and advertising for finding and training your replacement

Expenses you cannot claim

You cannot claim for expenses that you were already paying before you were mobilised. For example, you cannot claim for:

care of a dependent child or relative

care of a pet

house insurance

maintenance on your home

How to claim

Employees get instructions about how to claim in the mobilisation pack.

If you’re self-employed, a partner or a company director, use the claim form for employers.

When to claim

You can claim any time after your service begins and up to 4 weeks after it ends.

Appeal a rejected claim

You can appeal if your claim is turned down.

Financial support for employers

You can claim financial support if a reservist you employ is called up.

Do not pay their (a reservist you employ) salary or pension contributions while they (a reservist you employ)’re away - the Ministry of Defence (MOD) (the Ministry of Defence) pays these costs. You’ll need to make changes in your payroll system.

You can apply to delay or cancel mobilisation if it will seriously harm your business.

What you can get

You can claim financial assistance to cover:

the cost of a temporary replacement if it’s more than the reservist’s salary (up to £110 a day)

advertising costs and agency fees for finding a replacement

a period of handover and takeover (5 days before and after mobilisation)

75% of the cost of specialist clothing for the replacement (the reservist’s) (up to £300)

training costs for the replacement (the reservist’s) (up to £2,000)

overtime, if other employees cover the work

training the reservist (a reservist you employ) needs to carry on their (a reservist you employ) job when they (a reservist you employ) return

Extra support for small and medium-sized businesses

You can claim £500 a month in addition to the costs of replacing and retraining the reservist (the reservist’s) unless both of the following apply:

your annual turnover was more than £25.9 million in the 12 months before the reservist (the reservist’s) was called up

you had more than 250 employees or partners on the date of mobilisation

These are known as employer incentive payments.

What you cannot claim for

You cannot claim for:

loss of profits, turnover or goodwill

your reservist’s (the reservist’s) salary or pension contributions if you keep paying them (the reservist’s)

How to claim

Download and fill in the claim form. Print it out, sign it and either scan and email it or post it. The addresses are on the form.

When to claim

You can claim before the reservist (the reservist’s) leaves, but you will not get a payment until they (the reservist’s)’ve started service. You cannot claim later than 4 weeks after the last day of their (the reservist’s) service.

You can claim for costs as they arise - you do not have to claim for them all at once.

Costs for training should be claimed within 8 weeks of the end of the training.

Help for employers

If you need further help, email Defence Relationship Management (DRM).

Payroll reporting for employers

You’ll need to make some changes in your payroll software if your reservist is mobilised.

If their (the reservist’s) service will be less than 12 months

Once they (the reservist’s)’ve started their (the reservist’s) service:

put ‘Yes’ in the ‘Irregular payment pattern indicator’ in the next Full Payment Submission (FPS) you send to HM Revenue and Customs (HMRC)

change their (the reservist’s) tax code to ‘BR M1’ if they (the reservist’s)’re paid monthly, or ‘BR W1’ if it’s weekly

If their (the reservist’s) service will be more than 12 months

Put a leaving date in your FPS and give them (the reservist’s) a P45. When they (the reservist’s)’re back from service, give them (the reservist’s) a new payroll ID.

Do not put a leaving date in your FPS or give them (the reservist’s) a P45 if their (the reservist’s) service was due to be less than 12 months but lasted longer.

Returning to work

After service, reservists are given a period of leave. If they want to return to work before the end of their leave they must get permission from either their commanding officer or the demobilisation centre.

Employers cannot force a reservist to return to work before their leave (a period of leave) finishes.

Notice of returning to work

Reservists should write to their employer as soon as they know when they can return to work. This must be no later than the third Monday after their last day of service.

Employers must re-employ them (Reservists) as soon as they’re able to.

Returning to the same job

Reservists are entitled to return to the same type of job they (reservists) were doing before they (reservists) were mobilised, on the same terms and conditions.

If the job (the same job) no longer exists, they (reservists)’re entitled to a reasonable alternative.

How long reservists must be re-employed for

Employers must offer reservists employment for a certain amount of time, depending on how long they were employed by them (Employers) before mobilisation.

Weeks of employment before mobilisation | Number of weeks reservist must be re-employed for

Up to 13 | At least 13

Between 13 and 51 | At least 26

52 weeks or more | At least 52

Problems returning to work

If you are not re-employed you can apply to a tribunal. They can instruct your former employer to re-employ you or award you financial compensation.

Write to the tribunal (a tribunal) if, after telling your employer (your former employer) you’re returning to work:

you do not hear back from them (your former employer)

they (your former employer) will not re-employ you

they offer you a job you’re not happy with


Report a problem about a criminal record check or barring decision

Overview

You can appeal to the Disclosure and Barring Service (DBS) if they:

make a decision to add you to the list of people barred from certain roles

have previously added you to the list of people barred from certain roles and you want them (the Disclosure and Barring Service (DBS)) to review the decision

You can raise a dispute with DBS (the Disclosure and Barring Service (DBS)) if they (the Disclosure and Barring Service (DBS)) make a mistake on a DBS (the Disclosure and Barring Service (DBS)) check.

The mistake or decision can be changed if the appeal or dispute is successful.

An employer or licensing authority can also appeal a DBS (the Disclosure and Barring Service (DBS)) check if they’ve talked to the applicant first.

Dispute a mistake on your DBS (the Disclosure and Barring Service (DBS)) certificate

You can raise a dispute for a standard or enhanced check if you believe there’s been a mistake in either:

the records provided, like wrong or irrelevant information on convictions

personal information, like your name

There is a different process for disputing information on a basic check certificate.

The police may ask for fingerprints to prove your identity if there’s a mistake in the records.

How to raise a dispute

Report the mistake (a mistake on your DBS (the Disclosure and Barring Service (DBS)) certificate) within 3 months of the date on the certificate (your DBS (the Disclosure and Barring Service (DBS)) certificate).

For mistakes in records

Fill in the certificate dispute form.

For mistakes in personal information

Fill in Section A of the certificate dispute form, or call the Disclosure and Barring Service (DBS) customer services team.

Dispute a DBS (the Disclosure and Barring Service (DBS)) update service certificate change

Call customer services if you subscribe to the DBS (the Disclosure and Barring Service (DBS)) update service (DBS (the Disclosure and Barring Service (DBS)) update service) and want to dispute the status of a certificate. They’ll send out the forms you need to raise a dispute.

Send the form to:

Independent Monitor review

DBS (the Disclosure and Barring Service (DBS)) will work with the police to make a decision about your dispute. If the police do not agree there’s a mistake, the dispute will be referred to the Independent Monitor (Independent Monitor) only if the objection is that information is:

not relevant to the position applied for

should not be included in the certificate (your DBS (the Disclosure and Barring Service (DBS)) certificate)

The enhanced certificate will be corrected if the Independent Monitor (Independent Monitor) agrees with your dispute.

You must raise a dispute with DBS (the Disclosure and Barring Service (DBS)) before a referral to the Independent Monitor (Independent Monitor) is made.

Appeal against a new barring decision

You can appeal to a tribunal to reverse a barring list decision. The tribunal may remove someone from the barred list if it agrees, or refer you back to DBS (the Disclosure and Barring Service (DBS)) for a further decision.

You can appeal if:

you were automatically added following a relevant caution or conviction

you believe DBS (the Disclosure and Barring Service (DBS)) has made a legal mistake

DBS (the Disclosure and Barring Service (DBS)) barred you based on information that was wrong

It’s up to the tribunal (a tribunal) whether they (a tribunal) hear your appeal.

Contact the Upper Tribunal to appeal against a new barring decision in England or Wales.

Contact the Care Tribunal to appeal against a new barring decision in Northern Ireland.

Appeal against an existing barring decision

You can ask the Disclosure and Barring Service (DBS) to review a barring decision if:

you were automatically added to the barred list following a relevant caution or conviction

You can also ask for a review if your circumstances change after the minimum barred period.

The minimum barred period is:

Age | Minimum barred period

Under 18 | 1 year

18 to 24 | 5 years

25 or over | 10 years

You can use the following evidence to prove that your circumstances have changed:

medical reports

a successful appeal against a conviction

a specialist assessment

Contact DBS (the Disclosure and Barring Service (DBS)) to ask for a review. It’s up to them (the Disclosure and Barring Service (DBS)) whether they (the Disclosure and Barring Service (DBS)) choose to review.

Appeal against the outcome of a DBS (the Disclosure and Barring Service (DBS)) review

You can appeal to a tribunal if you asked DBS (the Disclosure and Barring Service (DBS)) to review a barring list decision, and they (the Disclosure and Barring Service (DBS)) either:

refused to conduct a review

decided to keep you on the barred list after a review

The tribunal may remove a person from the barred list if it agrees with the appeal (appeal). It’s up to the tribunal whether they hear the appeal (appeal).

Contact the Upper Tribunal to appeal against a DBS (the Disclosure and Barring Service (DBS)) barred list (the Disclosure and Barring Service (DBS)) review in England or Wales.

Contact the Care Tribunal to appeal against a DBS (the Disclosure and Barring Service (DBS)) barred list (the Disclosure and Barring Service (DBS)) review in Northern Ireland.


Lay-offs and short-time working

Overview

Your employer can ask you to stay at home or take unpaid leave if there’s not enough work for you.

A lay-off is if you’re off work for at least 1 working day. Short-time working is when your hours are cut.

How long you can be laid off

There’s no limit for how long you can be laid off or put on short-time. You could apply for redundancy and claim redundancy pay if it’s been:

4 weeks in a row

6 weeks in a 13-week period

Lay-off pay entitlement and short-time working payments

You should get your full pay unless your contract allows unpaid or reduced pay lay-offs.

If you’re unpaid, you’re entitled to guarantee pay.

If you’ve been told to take unpaid leave or reduced pay because of Coronavirus (COVID-19), your employer might still be able to pay 80% of your wages.

Guarantee pay

Rate and length of statutory lay-off pay

You’re entitled to guarantee pay during lay off or short-time working. The maximum you can get is £30 a day for 5 days in any 3-month period - so a maximum of £150.

If you usually earn less than £30 a day you’ll get your normal daily rate.

If you work part-time, your entitlement is worked out proportionally.

You cannot claim guarantee pay for any day that you do some work.

Eligibility for statutory lay-off pay

You must:

have been employed continuously for 1 month (includes part-time workers)

reasonably make sure you’re available for work

not refuse any reasonable alternative work (including work not in your contract)

not have been laid off because of industrial action

Statutory lay-off pay and your employment contract

Your employer may have their own guarantee pay scheme. It cannot be less than the statutory arrangements. If you get your employer’s payments, you do not get statutory lay-off pay on top of this.

Not paying guarantee pay counts as an unlawful deduction from your wages - you could make a claim to an employment tribunal.

Applying for redundancy

You could apply for redundancy and claim redundancy pay if you’ve been laid off without pay or put on short-time and receive less than half a week’s pay for:

4 or more weeks in a row

6 or more weeks in a 13-week period

Write to your employer to claim redundancy within 4 weeks of the last day of the lay-off or short-time period.

Your employer has 7 days to accept your claim or give you a written counter-notice.

If your employer does not give you counter-notice, you can assume they (Your employer)’ve accepted your redundancy claim (your claim).

A counter-notice means your employer expects work will soon be available - it must start within 4 weeks and must last at least 13 weeks.

Your employer can withdraw their counter-notice (A counter-notice) in writing.

Resigning

You must resign to get redundancy pay. The timing is crucial - you have 3 weeks to hand in your notice, starting from:

7 days after you gave written notice to your employer (if you did not get a counter-notice)

the date your employer withdrew their (Your employer) counter-notice (A counter-notice)

You can get help from Citizens Advice.

Extra work or claiming benefits

You can take on another job while you’re laid off or on short-time (unless your contract says you must not).

You should:

get your employer’s (your employer) agreement

make sure you’re not working for a competitor

make sure you’re available for your original job once the lay-off or short-time ends

Benefits you can claim

You might be able to get Universal Credit or ‘new style’ Jobseeker’s Allowance (or both) while you’re laid off or on short-time.


The basic State Pension

Overview

You can claim the basic State Pension if you’re:

a man born before 6 April 1951

a woman born before 6 April 1953

If you were born later, you’ll need to claim the new State Pension instead.

This guide is also available in Welsh (Cymraeg).

To get the basic State Pension you must have paid or been credited with National Insurance contributions.

The most you can currently get is £137.60 per week.

The basic State Pension increases every year by whichever is the highest of the following:

earnings - the average percentage growth in wages (in Great Britain)

prices - the percentage growth in prices in the UK as measured by the Consumer Prices Index (CPI)

Eligibility

You’re eligible for the basic State Pension if you were born before:

6 April 1951 if you’re a man

6 April 1953 if you’re a woman

If you were born on or after these dates you must claim the new State Pension.

The earliest you can get the basic State Pension is when you reach State Pension age.

To get the full basic State Pension (the basic State Pension) you need a total of 30 qualifying years of National Insurance contributions or credits. This means you were either:

working and paying National Insurance

getting National Insurance Credits, for example for unemployment, sickness or as a parent or carer

paying voluntary National Insurance contributions

If you have fewer than 30 qualifying years, your basic State Pension (the basic State Pension) will be less than £137.60 per week but you might be able to top up by paying voluntary National Insurance contributions.

To get information about your basic State Pension, contact the Pension Service or the International Pension Centre if you live abroad.

Married or in a civil partnership

If you’re not eligible for a basic State Pension or you’re not getting the full amount, you might qualify for a ‘top up’ to £82.45 per week through your spouse’s or civil partner’s National Insurance contributions.

You can get the ‘top up’ (a ‘top up’ to £82.45 per week) if both of you have reached State Pension age and either:

your spouse or civil partner reached State Pension age before 6 April 2016 and qualifies for some basic State Pension, even if they have not claimed it

your spouse or civil partner reached State Pension age on or after 6 April 2016 and has at least one qualifying year of National Insurance contributions or credits from before 6 April 2016, even if they (your spouse or civil partner) do not qualify for any new State Pension or they (your spouse or civil partner) have not claimed it

If your spouse or civil partner was born before 6 April 1950, you can only get the ‘top up’ if you’re a woman who is married to either:

a man

a woman who legally changed their gender from male to female during your marriage

If you’re not getting the ‘top up’ but think you qualify, contact the Pension Service.

You need to contact the Pension Service to claim your ‘top up’ if you’re a married woman and:

your spouse reached State Pension age before 17 March 2008

you reached State Pension age before your spouse

You’ll get any Additional State Pension or Graduated Retirement Benefit based on your own contributions in addition to the ‘top up’.

You do not qualify for a State Pension

If you’re not covered by any of these groups but want a State Pension you might be able to pay voluntary National Insurance contributions.

Men born before 1945 and women born before 1950

You need more qualifying years to get a full State Pension and a certain minimum number of years to get any State Pension at all.

| Number of years needed for a full State Pension | Number of years needed for any State Pension

Men born before 6 April 1945 | 44 | 11

Women born before 6 April 1950 | 39 | 10

Transgender people

Your State Pension might be affected if you’re a transgender person and you:

were born between 24 December 1919 and 3 April 1945

were claiming State Pension before 4 April 2005

can provide evidence that your gender reassignment surgery took place before 4 April 2005

Find out more and contact the Gender Recognition team.

You do not need to do anything if you legally changed your gender and started claiming State Pension on or after 4 April 2005 - you’ll already be claiming based on your legal gender.

What you'll get

Check if you need to claim the new State Pension instead.

The full basic State Pension is £137.60 per week. There are ways you can increase your State Pension up to or above the full amount.

You may have to pay tax on your State Pension.

To get information about your State Pension, contact the Pension Service.

How it (your State Pension)’s paid

The day your pension is paid depends on your National Insurance number.

Last 2 digits of your National Insurance number | Day your State Pension gets paid

00 to 19 | Monday

20 to 39 | Tuesday

40 to 59 | Wednesday

60 to 79 | Thursday

80 to 99 | Friday

Your first payment is made at the end of the first full week after you reach State Pension age. If you deferred your State Pension, you’ll get your first payment at the end of the first full week in which you want to start getting your pension (your State Pension).

Your first payment will not include the time between reaching State Pension age and your normal payment day if that’s less than one week.

The basic State Pension is usually paid every 4 weeks into an account of your choice. You’re paid ‘in arrears’, which means you’re paid for the last 4 weeks, not for the coming 4 weeks.

There are different rules if you live abroad.

Adult Dependency Increase

Adult Dependency Increase payments have stopped. You may be eligible to apply for Pension Credit or Universal Credit.

How to claim

You will not get your State Pension automatically - you have to claim it (your State Pension).

There are 3 ways to claim the basic State Pension:

over the phone

print off and post the State Pension claim form to the Pension Service

claim from abroad including the Channel Islands

How to claim is different if you claim from Northern Ireland.

You want to keep working

You can claim your State Pension even if you carry on working.

Increase the amount you'll get

There are ways you can increase your basic State Pension (The basic State Pension) if you:

are not eligible for the full amount (£137.60 per week)

want to receive more than the full amount (the full amount (£137.60 per week)

You should get financial advice when planning your retirement income.

Voluntary National Insurance contributions

You need 30 years of National Insurance contributions to be eligible for the full basic State Pension (The basic State Pension).

If you have gaps in your insurance record, you may be able to make voluntary contributions to increase your pension.

Delay (defer) your State Pension

Deferring your State Pension could increase your payments when you decide to claim. The basic State Pension increases by 1% for every 5 weeks you defer.

The extra amount is paid with your regular State Pension and can be claimed on top of the full basic State Pension amount (the full amount (£137.60 per week).

Other ways you could increase your pension (The basic State Pension)

If you’re married or in a civil partnership you may be eligible to increase your basic State Pension (The basic State Pension) to £82.45 per week. Check if you qualify.

You might also qualify for the Additional State Pension or, if you’re on a low income, Pension Credit.

Inheritance

If your spouse or civil partner reached State Pension age before 6 April 2016, they should contact the Pension Service when you die to check what they can claim.

They (your spouse or civil partner) may be able to increase their (your spouse or civil partner) basic State Pension (your regular State Pension) by using your qualifying years if they (your spouse or civil partner) do not already get the full amount.

If they (your spouse or civil partner) reached State Pension age on or after 6 April 2016 or are under State Pension age when you die, they (your spouse or civil partner) can check what inheritance they (your spouse or civil partner) might be entitled to.

You’re single or divorced

If you’re single, divorced or your civil partnership was dissolved and you die after you’ve reached State Pension age, your estate can claim up to 3 months of your basic State Pension (The basic State Pension). They can only do this if you had not claimed it (The basic State Pension).

Extra money from deferring your State Pension

If you decided to defer your State Pension and built up an extra amount, your spouse or civil partner may either claim the extra State Pension (Extra money from deferring your State Pension) or get a lump sum.

If you deferred for less than 12 months your spouse or civil partner can only get extra State Pension, not a lump sum.

If you deferred for 12 months or more they (your spouse or civil partner) can choose to get extra State Pension or a lump sum payment. Provided they (your spouse or civil partner) have not remarried or formed a new civil partnership since your death they (your spouse or civil partner) can get this when they (your spouse or civil partner) reach State Pension age.

State Pension top up

If you topped up your State Pension (between 12 October 2015 and 5 April 2017), your spouse or civil partner may be able to inherit some or all of your top up.

Change of circumstances

You must tell the Pension Service if anything in your circumstances changes, for example if you:

move home

go into or come out of hospital

move abroad or return to the UK

go into a care home

change your bank account

marry or form a civil partnership

get divorced or have your civil partnership dissolved

are widowed or your civil partner dies

change your gender

If you’ve been paid too much

You may have to repay the money if you:

did not report a change straight away

gave wrong information

were overpaid by mistake

Find out how to repay overpaid money.


Early retirement, your pension and benefits

State Pension

The earliest you can get your State Pension is when you reach your State Pension age. You’ll have to wait to claim your State Pension if you retire before you reach that age.

The amount you’ll get

The amount you’ll get depends on your National Insurance record and when you reach State Pension age (your State Pension age).

You’ll claim basic State Pension and Additional State Pension if you reached State Pension age (your State Pension age) before 6 April 2016.

You’ll claim the new State Pension if you reach State Pension age (your State Pension age) on or after 6 April 2016.

Personal and workplace pensions

When you can take money from your pension pot will depend on your pension scheme’s rules, but it’s usually after you’re 55.

You may be able to take money out before this age (your State Pension age) if either:

you’re retiring early because of ill health

you had the right under the scheme you joined before 6 April 2006 to take your pension before you’re 55 – ask your pension provider if you’re not sure

Some companies offer to help you get money out of your pension before you’re 55. This could be an unauthorised payment. If it’s unauthorised, you pay up to 55% tax on it.

The pension pot that you build up (your pension pot) will probably be smaller if you retire early, because it (your pension pot)’s had less time to increase in value.

Taking your pension early because of ill health

You might be able to get higher payments if you need to take your pension early because of a health condition. Check with your provider.

If your life expectancy is less than a year

You may be able to take your whole pension pot as a tax-free lump sum if all of the following apply to you:

you’re expected to live less than a year because of serious illness

you’re under 75

you do not have more than the lifetime allowance of £1,073,100 in pension savings

If you’re over 75 you’ll pay Income Tax on the lump sum (a tax-free lump sum).

Check with your pension provider (your provider). Some pension funds will keep at least 50% of your pension pot for your spouse or civil partner.

Benefits

The amount of money you get from any income-related benefits could be affected if you take your pension early, such as money you get from:

Housing Benefit

Income Support

income-based Jobseeker’s Allowance

income-related Employment and Support Allowance

Pension Credit

Universal Credit

Benefits if you retire early because of ill health

If you retire early because of ill health you may be entitled to other benefits. Use a benefits calculator to check.

Get help

Pension Wise has information about how taking a personal or workplace pension early can affect your benefits.

You can also get help from:

Citizens Advice

the Money Advice Service


Workplace pensions

About workplace pensions

A workplace pension is a way of saving for your retirement that’s arranged by your employer.

Some workplace pensions are called ‘occupational’, ‘works’, ‘company’ or ‘work-based’ pensions.

How they (Some workplace pensions) work

A percentage of your pay is put into the pension scheme automatically every payday.

In most cases, your employer also adds money into the pension scheme for you. You may also get tax relief from the government.

Joining a workplace pension

All employers must provide a workplace pension scheme. This is called ‘automatic enrolment’.

Your employer must automatically enrol you into a pension scheme and make contributions to your pension if all of the following apply:

you’re classed as a ‘worker’

you’re aged between 22 and State Pension age

you earn at least £10,000 per year

you usually (‘ordinarily’) work in the UK (read the detailed guidance if you’re not sure)

When your employer does not have to automatically enrol you

Your employer usually does not have to automatically enrol you if you do not meet the previous criteria (the following) or if any of the following apply:

you’ve already given notice to your employer that you’re leaving your job, or they (Your employer)’ve given you notice

you have evidence of your lifetime allowance protection (for example, a certificate from HMRC)

you’ve already taken a pension that meets the automatic enrolment rules and your employer arranged it

you get a one-off payment from a workplace pension scheme that’s closed (a ‘winding up lump sum’), and then leave and rejoin the same job within 12 months of getting the payment

more than 12 months before your staging date, you left (‘opted out’) of a pension arranged through your employer

you’re from an EU member state and are in a EU cross-border pension scheme

you’re in a limited liability partnership

you’re a director without an employment contract and employ at least one other person in your company

You can usually still join their (at least one other person) pension if you want to. Your employer cannot refuse.

If your income is low

Your employer does not have to contribute to your pension if you earn these amounts or less:

£520 a month

£120 a week

£480 over 4 weeks

What happens when you’re automatically enrolled

Your employer must write to you when you’ve been automatically enrolled into their workplace pension scheme. They must tell you:

the date they (Your employer) added you to the pension scheme (their workplace pension scheme)

the type of pension scheme and who runs it (their workplace pension scheme)

how much they (Your employer)’ll contribute and how much you’ll have to pay in

how to leave the scheme (their workplace pension scheme), if you want to

how tax relief applies to you

Delaying your enrolment date

Your employer can delay the date they (Your employer) must enrol you into a pension scheme by up to 3 months.

In some cases they (Your employer) may be able to delay longer if they (Your employer)’ve chosen either:

a ‘defined benefit’ pension

a ‘hybrid’ pension (a mixture of defined benefit and defined contribution pensions) that allows you to take a defined benefit pension

Your employer must:

tell you about the delay in writing

let you join in the meantime if you ask to

What your employer cannot do

Your employer cannot:

unfairly dismiss or discriminate against you for being in a workplace pension scheme

encourage or force you to opt out

What you, your employer and the government pay

The amount you and your employer pay towards the pension depends on:

what type of workplace pension scheme you’re in

whether you’ve been automatically enrolled in a workplace pension or you’ve joined one voluntarily (‘opted in’)

Use the Money Advice Service’s contributions calculator to work out how much you and your employer will put in.

Tax relief

The government will usually add money to your workplace pension in the form of tax relief if both of the following apply:

you pay Income Tax

you pay into a personal pension or workplace pension

Even if you do not pay Income Tax, you’ll still get an additional payment if your pension scheme uses ‘relief at source’ to add money to your pension pot.

If you’ve been automatically enrolled

You and your employer must pay a percentage of your earnings into your workplace pension scheme.

How much you pay and what counts as earnings depend on the pension scheme your employer has chosen. Ask your employer about your pension scheme rules.

In most automatic enrolment schemes, you’ll make contributions based on your total earnings between £6,240 and £50,270 a year before tax. Your total earnings include:

salary or wages

bonuses and commission

overtime

statutory sick pay

statutory maternity, paternity or adoption pay

Workplace pension contributions

| The minimum your employer pays | You pay | Total minimum contribution

From April 2019 | 3% | 5% | 8%

These amounts could be higher for you or your employer because of your pension scheme rules. They’re higher for most defined benefit pension schemes.

In some schemes, your employer has the option to pay in more than the legal minimum. In these schemes, you can pay in less as long as your employer puts in enough to meet the total minimum contribution.

If you’ve voluntarily enrolled in a workplace pension

Your employer must contribute the minimum amount if you earn more than:

£520 a month

£120 a week

£480 over 4 weeks

They (Your employer) do not have to contribute anything if you earn these amounts or less.

How your take-home pay changes

Joining a workplace pension scheme means that your take-home income will be reduced. But this (changes) may:

mean you’re entitled to tax credits or an increase in the amount of tax credits you get (although you may not get this until the next tax year)

mean you’re entitled to an income-related benefit or an increase in the amount of benefit you get

reduce the amount of student loan repayments you need to make

Payments using salary sacrifice

You and your employer may agree to use ‘salary sacrifice’ (sometimes known as a ‘SMART’ scheme).

If you do this (use), you give up part of your salary and your employer pays this straight into your pension. In some cases, this will mean you and your employer pay less tax and National Insurance.

Ask your employer if they use salary sacrifice.

Protection for your pension

How your pension is protected depends on the type of scheme.

Defined contribution pension schemes

If your employer goes bust

Defined contribution pensions are usually run by pension providers, not employers. You will not lose your pension pot if your employer goes bust.

If your pension provider goes bust

If the pension provider (your pension provider) was authorised by the Financial Conduct Authority and cannot pay you, you can get compensation from the Financial Services Compensation Scheme (FSCS).

Trust-based schemes

Some defined contribution schemes are run by a trust appointed by the employer. These are called ‘trust-based schemes’.

You’ll still get your pension if your employer goes out of business. But you might not get as much because the scheme’s running costs will be paid by members’ pension pots instead of the employer.

Defined benefit pension schemes

Your employer is responsible for making sure there’s enough money in a defined benefit pension to pay each member the promised amount.

Your employer cannot touch the money in your pension if they’re in financial trouble.

You’re usually protected by the Pension Protection Fund if your employer goes bust and cannot pay your pension.

The Pension Protection Fund usually pays:

100% compensation if you’ve reached the scheme’s pension age

90% compensation if you’re below the scheme’s pension age

Fraud, theft or bad management

If there’s a shortfall in your company’s pension fund because of fraud or theft, you may be eligible for compensation from the Fraud Compensation Fund.

Contact one of the following organisations if you want to make a complaint about the way your workplace pension scheme is run:

the Pensions Advisory Service

the Pensions Ombudsman

Managing your pension

Your pension provider will send you a statement each year to tell you how much is in your pension pot. You can also ask them for an estimate of how much you’ll get when you start taking your pension pot.

What you see on your payslip

You do not need to do anything to get tax relief at the basic rate on your pension contributions. There are 2 types of arrangements:

net pay

relief at source

Check with your employer or pension provider which arrangement your workplace pension uses. This determines what you’ll see on your payslip.

‘Net pay’

Your employer takes your contribution from your pay before it’s taxed. You only pay tax on what’s left. This means you get full tax relief, no matter if you pay tax at the basic, higher or additional rate.

The amount you’ll see on your payslip is your contribution plus the tax relief (full tax relief).

You will not get tax relief if you do not pay tax, for example because you earn less than the tax threshold.

‘Relief at source’

Your employer takes your pension contribution after taking tax and National Insurance from your pay. However much you earn, your pension provider then adds tax relief to your pension pot at the basic rate.

With ‘relief at source’, the amount you see on your payslip is only your contributions, not the tax relief.

You may be able to claim money back if:

you pay higher or additional rate Income Tax

you pay higher or top rate Income Tax in Scotland

Tracing lost pensions

The Pension Tracing Service could help you find pensions you’ve paid into but lost track of.

Nominate someone to get your pension if you die

You may be able to nominate (choose) someone to get your pension if you die before reaching the scheme’s pension age. You can do this when you first join the pension or by writing to your provider.

Ask your pension provider (your provider) if you can nominate someone and what they’d get if you die, for example regular payments or lump sums. Check your scheme’s (the scheme’s) rules about:

who you can nominate - some payments can only go to a dependant, for example your husband, wife, civil partner or child under 23

whether anything can change what the person gets, for example when and how you start taking your pension pot, or the age you die

You can change your nomination at any time. It’s important to keep your nominee’s details up to date.

Sometimes the pension provider (your provider) can pay the money to someone else, for example if the person you nominated (the person) cannot be found or has died.

Taking your pension

Most pension schemes set an age when you can take your pension, usually between 60 and 65. In some circumstances you can take your pension early. The earliest is usually 55.

Some companies offer to help you get money out of your pension before you’re 55. Taking your pension early in this way could mean you pay tax of up to 55%.

If the amount of money in your pension pot is quite small, you may be able to take it all as a lump sum. You can take 25% of it tax free, but you’ll pay Income Tax on the rest.

How you get money from your pension depends on the type of scheme you’re in.

Defined contribution pension schemes

You’ll need to decide how to take your money if you’re in a defined contribution pension scheme.

Defined benefit pension schemes

You may be able to take some money as a tax-free lump sum if you’re in a defined benefit pension scheme - check with your pension provider. You’ll get the rest as a guaranteed amount each year.

Changing jobs and taking leave

If you change jobs

Your workplace pension still belongs to you. If you do not carry on paying into the scheme (a defined benefit pension scheme), the money (some money) will remain invested and you’ll get a pension when you reach the scheme’s (a defined benefit pension scheme) pension age.

You can join another workplace pension scheme if you get a new job.

If you do, you might be able to:

carry on making contributions to your old pension

combine the old and new pension schemes

Ask your pension providers about your options.

If you move jobs but pay into an old pension, you may not get some of that pension’s benefits - check if they’re only available to current workers.

If you worked at your job for less than 2 years before you left

If you were in a defined benefit pension scheme for less than 2 years, you might be able to either:

get a refund on what you contributed

transfer the value of its benefits to another scheme (a ‘cash sum transfer’)

This (transfer) depends on the type of defined benefit scheme and its rules. Check with your employer or the pension scheme provider.

Paid leave

During paid leave, you and your employer carry on making pension contributions.

The amount you contribute is based on your actual pay during this time (paid leave), but your employer pays contributions based on the salary you would have received if you were not on leave.

Maternity and other parental leave

You and your employer will continue to make pension contributions if you’re getting paid during maternity leave.

If you’re not getting paid, your employer still has to make pension contributions in the first 26 weeks of your leave (‘Ordinary Maternity Leave’). They (your employer) have to carry on making contributions afterwards if it’s in your contract. Check your employer’s (your employer) maternity policy.

Unpaid leave

You may be able to make contributions if you want to - check with your employer or the pension scheme provider.

If you become self-employed or stop working

You may be able to carry on contributing to your workplace pension - ask the scheme provider.

You could use the National Employment Saving Trust (NEST) - a workplace pension scheme that working self-employed people or sole directors of limited companies can use.

You could set up a personal or stakeholder pension.

You can get help with your workplace pension options.

If you want to leave your workplace pension scheme

What you do if you want to leave a workplace pension depends on whether you’ve been ‘automatically enrolled’ in it or not.

If you have not been automatically enrolled

Check with your employer - they (your employer)’ll tell you what to do.

If you’ve been automatically enrolled

Your employer will have sent you a letter telling you that you’ve been added to the scheme (a workplace pension).

You can leave (called ‘opting out’) if you want to.

If you opt out within a month of your employer adding you to the scheme (a workplace pension), you’ll get back any money you’ve already paid in.

You may not be able to get your payments refunded if you opt out later - they’ll usually stay in your pension until you retire.

You can opt out by contacting your pension provider. Your employer must tell you how to do this.

Reducing your payments

You may be able to reduce the amount you contribute to your workplace pension for a short time. Check with both your employer and your pension provider to see if you can do this (opt) and how long you can do it (opt) for.

Opting back in

You can do this (Opting) at any time by writing to your employer. They (your employer) do not have to accept you back into their (your employer) workplace scheme (a workplace pension) if you’ve opted in and then opted out in the past 12 months.

Rejoining the scheme (a workplace pension) automatically

Your employer will automatically re-enrol you in the scheme (a workplace pension). They (your employer) must do this (Opting) either every 3 years (from the date you first enrolled), or they (your employer) can choose to do it (Opting) sooner. They (your employer)’ll write to you when they (your employer) do this (Opting).

When you do not rejoin automatically

If you no longer qualify for the scheme (a workplace pension), you will not be automatically re-enrolled.

If you chose to leave the scheme (a workplace pension) in the 12 months before the date you would have been re-enrolled, your employer does not have to automatically re-enrol you. But they (your employer) can choose to re-enrol you.

Get help

For questions about the specific terms of your workplace pension scheme, talk to your pension provider or your employer.

You can get free, impartial information about your workplace pension options from:

the Money Advice Service

the Pensions Advisory Service

Pension Wise if you’re in a defined contribution pension scheme

You can get impartial advice about workplace pensions from an independent financial adviser. You’ll usually have to pay for the advice.

For general questions on workplace pensions contact the DWP Workplace Pension Information Line.

Only use the information line (the DWP Workplace Pension Information Line) if you’re a worker - employers should contact The Pensions Regulator.

Problems with being ‘automatically enrolled’

Contact the The Pensions Regulator if you have concerns about the way your employer is dealing with automatic enrolment.

The Pensions Advisory Service may also be able to help you.

If you’re already paying into a personal pension

Check whether it’s better for you to:

carry on with just your personal pension (a personal pension)

stop paying into your personal pension (a personal pension) and join your workplace pension

keep paying into both

If you’re saving large amounts in pensions

You may have to pay a tax charge if your total savings in workplace pensions and any other personal pension scheme go above your:

lifetime allowance - £1,055,000

annual allowance - usually the lowest out of £40,000 or 100% of your annual income

If you start taking your pension pot your annual allowance could drop to as low as £4,000.

If your pension scheme is closing

This can happen if your employer decides they do not want to use a scheme anymore or they can no longer pay their contributions. What happens to the money you paid in depends on the pension scheme you’ve joined.

If you’ve been automatically enrolled, your employer cannot close a pension scheme without automatically enrolling you into another one.

If you’re getting a divorce

You and your spouse or partner will have to tell the court the value of each of your pension pots. You then have different options to work out what happens to your pension when you get a divorce.


Complain about your trade union

Overview

You can complain to the Certification Officer about a trade union if you’re a member.

You might also be able to complain if you’re not a member of a trade union, for example you’re a candidate in an election run by a union.

What you can complain about

You can complain if you think the trade union (a union) has:

broken its (a union) own rules, for example about holding elections or ballots

broken laws on running trade unions, for example not holding a proper ballot on a proposed merger of trade unions or not providing access to accounting records

You can also complain about trade union funds being used illegally or in a way that breaks the financial rules of the union (a union), known as financial irregularities.

You do not have to be a member of a trade union to complain about financial irregularities.

The make a complaint guidance has a full list of the complaints you can make to the Certification Officer

What you cannot complain about

You cannot complain about what a union does for you, for example representing you if you’re unfairly dismissed. You should get legal advice instead.

Complain to your trade union first

Talk to your trade union and try to resolve the problem with them (your trade union) before taking it (your trade union) to the Certification Officer.

You can take your complaint further if you’ve been through all the steps in your trade union’s (your trade union) complaints procedure and you’re still not satisfied.

Complain to a court

You might be able to take your trade union to court, for example for breach of contract if it (your trade union) breaks its (your trade union) own rules. You should seek legal advice before you do this. You cannot complain to the Certification Officer and the courts about the same problem.

Complain to the Certification Officer

Make a complaint.

Attend a hearing.

Get a decision.

Make a complaint

Email or call the Certification Officer to talk about your complaint before you make a complaint in writing.

The make a complaint guidance has information on how to make a complaint and when you can make it.

The financial irregularities guidance has information on how:

to make a complaint about the illegal or improper use of funds in trade unions and employers’ associations

the Certification Officer might appoint an inspector to investigate the complaint

the Certification Officer makes a decision and how they (the Certification Officer)’ll tell you this

Use the complaint form

Download and fill in the registration of complaint form.

Email the registration of complaint form to the address on the form (the registration of complaint form).

Make an anonymous complaint

You might be able to make your complaint anonymously if you feel your complaint (an anonymous complaint) would put you in danger.

Use the registration of complaint form to make your complaint and do both of the following:

tell the Certification Officer that you want to make an anonymous complaint

explain why you want your identity kept secret from your union

If the Certification Officer agrees, they (the Certification Officer) will keep your identity secret from the trade union (your union).

You can retract your complaint (an anonymous complaint) if the Certification Officer does not think your complaint (an anonymous complaint) can be made anonymously. You should tell them (the Certification Officer) in writing that you want to retract your complaint (an anonymous complaint).

Attend a hearing

You’ll usually get the chance to attend a hearing with the Certification Officer to have your complaint (an anonymous complaint) heard.

You’ll get a letter from the Certification Officer asking you to confirm what your complaint (an anonymous complaint) is about, for example what rule you think has been broken.

Your complaint (an anonymous complaint) will be sent to your union - they (your union) can disagree with any allegation you’ve made.

Provide documents for your hearing

You and your union must send certain documents by a date specified by the Certification Officer.

These (certain documents) include:

copies of all the documents that relate to your complaint (an anonymous complaint)

written statements from anyone that’s going to give evidence at the hearing (your hearing)

written draft arguments

copies of any legal evidence that backs up the draft arguments (draft arguments)

Get a date for the hearing (your hearing)

You’ll get a letter from the Certification Officer that sets a date for the hearing when both of the following have happened:

your union has replied to the Certification Officer about your complaint (an anonymous complaint)

you and your union provide the Certification Officer with all the necessary documents

You or your union (You and your union) can ask for the hearing (your hearing) to be postponed if either of you can’t attend the hearing (your hearing) on the date given (a date for the hearing (your hearing)).

The hearing guidance tells you:

how you or your union might be able to change the date of the hearing (your hearing)

what happens at the hearing (your hearing)

Get a decision without a hearing

You can also get a decision from the Certification Officer on your case without having to attend a hearing, for example if both you and the union (You and your union) agree that either the union’s (your union) own rules or the law has been broken.

You’ll still need to provide the Certification Officer with all the details about the case (your case) so they (the Certification Officer) can decide what should happen next.

Get a decision

You won’t get a decision about your complaint (an anonymous complaint) at the hearing (your hearing).

You’ll be told at the end of the hearing (your hearing) when you might get your decision (a decision).

You’ll get a decision in writing, with the reasons for it, from the Certification Officer.

Appeal against a decision

You can appeal to an employment appeal tribunal if you think the Certification Officer made a decision that was legally wrong.