DB v Secretary of State for Work and Pensions: [2023] UKUT144 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Church on 22 June 2023.
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Judicial Summary
Pensions Acts 2004 and 2014 - Whether claimant’s years of residence in Australia should have been taken into account in the calculation of his (new) retirement pension under “Step 2” (as defined in Part II of Schedule 1 to the 2014 Act), thereby increasing his entitlement Follows FE v SSWP (RP) [2019] UKUT 61 (AAC) on proper interpretation of s299 of Pensions Act 2004.
Article 8 and 14 of the Convention - Considers whether failure to treat those who, like the claimant, were resident in Australia less favourably than those who were resident in New Zealand and Canada (whose residence there may be taken into account) amounted to unlawful discrimination. Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers).
Regulations 2001 – whether Regulation 2, which states that Class 3 National Insurance Contributions paid in one year may be appropriated to the earnings factor of another year if such contributions may be paid for that other year according to the usual entitlement conditions, extends to circumstances in which payments are not actually made but regulations provide that they should be treated as having been paid.