BB v Secretary of State for Work and Pensions (RP): [2021] UKUT 141 (AAC)

Upper Tribunal Administrative Appeals Chamber decision of Judge Wikeley on 9 June 2021.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 19 July 2021

• Categories: European Union law, Residence and presence conditions, Retirement pensions
• Sub-categories: European Union law - free movement, Residence and presence conditions - residence, Retirement pensions - other
• Judges: Wikeley, N
• Decision date: 9 June 2021

Read the full decision in CP/839/2020.

Judicial Summary

Claimant applied in United Kingdom for retirement pension on reaching 65 in 2001 and was paid 82% of a full pension based on his incomplete National Insurance Contributions record - Claimant subsequently moved to Spain, then Malta and then Turkey - Legislation governing payment of retirement pension abroad - Department for Work and Pensions later revised award to 89% of the full pension, the extra 7% reflecting 3 years spent living and working in New Zealand from 1958-1960 (“the NZ enhancement”), awarded under the Social Security (New Zealand) Order 1983 (SI 1983/1894) - DWP decided payment of NZ enhancement only applied when claimant was living in UK, Spain or Malta - NZ enhancement withdrawn when claimant went to reside in Turkey, outside the European Economic Area, in 2007 - proper construction of Article 9 of the UK/NZ Convention on social security.

Published 19 July 2021