From Telegraph Expat
Expats granted right to pensions appeal
A consortium of expat pensioner groups has won the right to continue its campaign to get Britain's long-standing frozen pensions policy rescinded.

By Ava Hubble
Last Updated: 11:03AM BST 15 Apr 2009

British pensions for many expats do not increase in line with inflation. They have been frozen at the rate that was in force when they began drawing their pensions overseas. In some cases, that was 20 years ago when the basic weekly pension was £43.60. It is now nearly twice that sum: £95.25.

The policy affects Britons living in retirement in most Commonwealth and former Commonwealth nations. Expats in Mexico and a few other non-Commonwealth countries are also affected.


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Pensions campaigner June Borsberry dies, aged 83Last November, the pensioners' consortium took their case for parity to the European Court of Human Rights (ECHR), seeking to have the policy declared discriminatory and in breach of the Human Rights Act. Their case was dismissed in a six-to-one decision by the ECHR's chamber.

However, their request for an appeal was granted by the ECHR on April 6. It will be heard by the court's 17-member grand chamber on Sept 2.

The appeal is widely viewed as their final chance to win the same pension rights as retirees in the majority of non-Commonwealth nations, who receive the same annual cost-of-living increases as pensioners who remain resident in Britain.

The consortium – which is made up of a total of five expat pensioner organisations in Canada, Australia and South Africa – has failed to overturn the policy in the British High Court, Appeal Court and House of

Same goes for recent ruling,If UK citizen resides out or the country more than 3 months,he does not qualify for free NHS treatment.I Have paid NHI all my working life. must be a pretty penny!
So as they have defaulted the agreement, Can I have my money back I paid in? uk Government is a disgrace.

westerby wrote:

mortiboy wrote:Same goes for recent ruling,If UK citizen resides out or the country more than 3 months,he does not qualify for free NHS treatment.I Have paid NHI all my working life. must be a pretty penny!
So as they have defaulted the agreement, Can I have my money back I paid in?

Are you sure about that Morti? Three months doesn't sound very long.

'Eligibility for free hospital treatment under the NHS'


Department of health.gov.uk



Anyone who is deemed to be ordinarily resident in the UK is entitled to free NHS hospital treatment in England. “Ordinarily resident” is a common law concept interpreted by the House of Lords in 1982 as someone who is living lawfully in the United Kingdom voluntarily and for settled purposes as part of the regular order of their life for the time being, with an identifiable purpose for their residence here which has a sufficient degree of continuity to be properly described as settled.

Anyone who is not ordinarily resident is subject to the National Health Service (Charges to Overseas Visitors) Regulations 1989, as amended. These regulations place a responsibility on NHS hospitals to establish whether a person is ordinarily resident; or exempt from charges under one of a number of exemption categories; or liable for charges.

What about British Nationals? I have paid taxes in the past.

Nationality or past or present payments of UK taxes and National Insurance contributions are not taken into consideration when establishing residence. The only thing relevant is whether you ordinarily live in the UK.

...........................................................

also citizens advice(CAB) on the matter..

http://www.adviceguide.org.uk/index/fam ... abroad.htm

so if you are 'non UK national' seeking asylum and/or been banged up in the monkey house for mugging a little old lady,killed someone whilst pissed up behind the wheel,murdered someone, raped robbed pillaged or not payed council tax or your TV license Morti, you will get a free operation or two...(and great aftercare)

if there are any "war pensioners" wondering, well you are entitled to free treatment in the UK even if you live abroad and are on holiday to uk.. Also your partner/spouse is entitled to free treatment while they are in uk with you!!!
All you have to do is prove to the hospital that you are a "war pensioner"..... Thats it!!!

seymourbutts wrote:if there are any "war pensioners" wondering, well you are entitled to free treatment in the UK even if you live abroad and are on holiday to uk.. Also your partner/spouse is entitled to free treatment while they are in uk with you!!!
All you have to do is prove to the hospital that you are a "war pensioner"..... Thats it!!!

I think you may find, That you only receive treatment for the illness or disability that you are receiving the War
Pension for

No ralph, they only pay war pension for military related illness/ injuries, but NHS treatment is free, you also go to the top of the waiting list. it happened to me when i had a heart op... i was seen and done and finished in 3 days..

Why would they treat your partner/spouse for free too??? They never served or are not carrying injuries from the military!!!!