Upper Tribunal (Administrative Appeals Chamber)

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You are here: BAILII >> Databases >> Upper Tribunal (Administrative Appeals Chamber) >> BB v Secretary of State for Work and Pensions (RP) (European Union law, Residence and presence conditions, Retirement pensions) [2021] UKUT 141 (AAC) (9 June 2021)
URL: http://www.bailii.org/uk/cases/UKUT/AAC/2021/141.html
Cite as: [2021] UKUT 141 (AAC)

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BB v Secretary of State for Work and Pensions (RP) (#) [2021] UKUT 141 (AAC) (9 June 2021)

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- DWP decided payment of NZ enhancement only applied when claimant was living in UK, Spain or Malta - NZ enhancement withdrawn when claimant went to reside in Turkey, outside the European Economic Area, in 2007 - proper construction of Article 9 of the UK/NZ Convention on social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.

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