JM v Secretary of State for Work and Pensions and Her Majesty's Revenue and Customs (HRP): [2018] UKUT 2 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Wikeley on 5 January 2018.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 19 January 2018

• Categories: Contributions and credits, European Union law and Retirement pensions
• Sub-categories: Contributions and credits - credits and credited earnings, European Union law - Council regulations 1408/71/EEC and (EC) 883/2004 and Retirement pensions - other
• Judges: Wikeley, N
• Decision date: 5 January 2018

Read the full decision in CHR/2543/2016.

Judicial Summary

UK claimant in receipt of Dutch family benefits from 1982 to 1984 while husband posted abroad - claimant qualified for UK state pension in 2002 at age 60 - claimant qualified for Dutch state pension, based on child-raising 1982-1984, in 2007 when aged 65 - whether EU or domestic law requires claimant to receive home responsibilities protection (HRP) for the 1982-84 period for purposes of assessing entitlement to UK state pension - Reg. 1408/71 and 883/2004 - article 44 of Reg 987/2009 considered.

Published 19 January 2018