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– DWP decided payment of NZ enhancement only applied when claimant was living in UK, Spain or Malta – NZ enhancement withdrawn when claimant went to reside in Turkey, outside the European Economic Area, in 2007 – proper construction of Article 9 of the UK/NZ Convention on social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.
[2021] UKUT 141 (AAC)
Bailii
England and Wales
Updated: 12 August 2021; Ref: scu.666409