Pensioners Debout! Stand up!

INDEX and beginning

2014-01-12T11:04:00.009+01:00

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*THE FOUR CONCERNS OF THIS BLOG* -

Freedom of Movement (includes health matters), Political Representation, Double Taxation, Stabilisation of the £.

*****INDEX to the major 'postings' on this site.*****

EMAIL "Debout!"...... *Say what you think - of your concerns.

*Representation of BRITISH CITIZENS*
**Read why all expatriates should be represented at Westminster
and why it is absolutely vital for those who live in the EU.**
The above is updated 8th October 2011
Read and Act - Please.

The latest Posts of importance.

* The British Pensioners continue to leave Britain.
* On Remembrance Day
* A Citizen Abroad is a Citizen Ignored
* Votes and Pensions in Canada. The Unfairness of the British Governments -past and present
* UNFAIR Financial BURDEN on RETIRED BRITONS in FRANCE (September 2011)
* WINTER FUEL PAYMENT -hope eternel! (September 2011)
* Representation of the Expatriate Citizen (August 2011)

Correspondent list -- An 'update' email is sent approximately every 2/3 months (or if some development warrants it) to all who email the site. All email addresses are 'hidden' and anonymity is hoped to be always achieved. If you wish to be on this correspondent list, please email. Nothing is asked of you, other than your goodwill.

IF ONE DOES NOTHING _ NOTHING GETS DONE!

There have been 18,200 visits since January 2009 to February 1st 2012.

Numbers count when petitioning politicians. When letters are sent to politicians it is immensely helpful to say that one has the support of xxxx expatriates. So please give support. Encouragement is also a great boost to morale! Nothing will change without your support!

*The Readers Letters* link is updated from time to time which see.

One should not expect fast movement but please keep in touch and never surrender.

Short Biography of the Organiser *Brian Cave*
Your thoughts on everything would be welcome. One relies on feedback to improve this site. No contribution is an unnecessary contribution.

And please make a nuisance of yourself in Whitehall and Westminster. Constant dripping wears away stone. Do not underestimate the value of the constant drip!

Please disseminate information about this site, inform your friends and media outlets, and keep watching!

If you do not stand up for yourself, others will surely keep you down!

*To view a map of the geographical distribution of the last 50 or so visitors,

Remember - Please tell others about this blog - and please write to the politicians - you must do this if anything ever is to change.

The Criteria for Representation

2012-01-31T12:16:00.003+01:00

To go to the index for more on this subject click here

On Tuesday 27^th December 2011 There was an exchange of views with Lord Lipsey on the BBC Today programme. It can be heard via the following link. (It takes time to upload)

The Exchange on Radio.

The essence is whether Britons who live abroad should have the Right of Representation in the British Parliament. This ‘Right’ is often expressed as the ‘Right to Vote’.

What does ‘Right to Vote’ really Mean?

Many people are not clear what they mean by ‘the right to vote’.

In its very essence if you vote for someone, then you are saying “I wish that this person for whom I cast my vote will represent my interests in the discussions in Parliament which will affect my interests. I expect that this person (the MP) will make efforts to understand my point of view and will make every effort to interpret that point of view before the other fellow MPs.”

The meaning is not “I am casting my vote for this MP who then can act in a manner which is quite immaterial to my interests.”
The vote is only effective if the MP for whom the vote is cast actually knows something about the voter!

It only makes sense to have the ‘vote’ if you have the need to have the vote.

So let us continue by speaking of ‘Representation’ rather than ‘having the vote’. We must also explore the nature of ‘need’.

Unfortunately, through historical accident the criteria for having Representation has been separated from the need for Representation.

What are the existing criteria to have the ‘Right to Representation’?

Lord Lipsey asserted that ‘taxation is the main basis of representation’. He also asserted that ‘one has to live in Britain to vote in Britain’. He might also have said (but he didn’t get the opportunity) that one has to be a British National to be able to vote.

There are demonstrable errors in claiming that ‘representation’ should be based on any single one of these three criteria. Each carry distortions.

Taxability –payment of tax to the British State.

Millions of people who are resident in Britain and who are also British Nationals pay no income tax. That is because they have low incomes. But they are represented. They are however taxable if they had an income, but the fact is they pay no income tax to the British State. They remain members of society.

There are however thousands, resident in Britain, who do pay income tax but have no representation (e.g. foreign nationals). They are members of the British society and usually very worthwhile members.

Hundreds of thousands who live abroad pay income tax to the UK., and yet do not have representation. (All ex- military, local Government workers, teachers, fireman, police retirees.)

Lord Lipsey mentioned the payment of VAT on purchases and claimed that the Briton Abroad does not pay VAT to the British State, and therefore are not part of the economy of the country. Yes they do, and to that extent yes they are part of the economy. This is particularly so within the confines of Europe where the principle of free trade – a founding principle of the ‘Common Market’ - prevails. Thousands of British people living in Europe frequently buy goods from Britain. To instance this I have purchased, electric fencing, microwave oven, food mixer, trousers, dress patterns, woollen clothing, socks, two sofas, watch batteries, books, CDs and DVDs, some rugs, rose plants, and more within the past three years from Britain. On all these VAT was paid to the British State. We have even purchased food items, but not our daily bread – but daily bread carries no VAT in the UK. We have as it happens purchased a bread maker from the UK. (All goods are cheaper to buy including delivery, from the UK, than in France. The sofas are of better quality.)

Moreover since so many (more than 1 million old age pensioners to start the count) have incomes from Britain, those enormous numbers all have a shared interest in the Economy of Britain.

If we see this from Lord Lipsey’s point of view then most certainly they should be represented and his arguments have no basis.

Representation is here related to a circumstance of Nationality and Residence but not Taxability. Yet clearly many Britons abroad have a need for Representation.

Residence.

If one is a foreign national and resident in Britain then one is taxed in Britain and subject to all British laws but one is not represented. So a Frenchman living and working in Britain has no vote!

Those British Nationals who have lived abroad for less than fifteen years can be represented.

So this criterion of ‘residence’ is not a hard and fast fixed factor.

Representation is related to a peculiar circumstance of Residence and Nationality together.

One might reasonably claim that many non-nationals have a need for Representation but do not have it. I observe that this argument would also apply to any European Citizen in any State of the EU.

Nationality.

Some non-British nationals can vote (be represented?) if they reside in Britain. All Commonwealth citizens and Irish citizens who are resident in Britain can register for the vote and can be thereby represented. They need not have any income and therefore may not be taxed.

Representation is here related to a peculiar circumstance of Nationality and Residence together.

The Commonwealth countries do not always have laws in sympathy with this spirit. A UK citizen does not necessarily enjoy the same rights as an Australian in Australia!

(Australians are obliged to vote in Australian elections).

British nationals living abroad, at the present time (2012) have no permanent representation in Britain.

So various non-British nationals can vote in Britain and large numbers of British Nationals who live abroad cannot.

What should be the criterion for a Right of Representation?

The sole requirement for Representation should be the very need itself to be represented. It is not a gift to be handed down from a 'beneficent Government' but an inherent Right arising from the need.

[Need is not just related to material matters - it involves an emotional relationship as well. Surely if one has no emotional or material need then representation is not desired.]

This need has a triple aspect. The intensity of each varies according to the individual citizen.

1. That of social concern.

Your immediate family interests. And also, your relationship as a British national with the State where you are resident.

2. Economic involvement.

Where one’s money comes from, and where it is invested or spent.

3. Emotional association to the ‘homeland’

The love of one’s country and its performance on the World Stage.

Since it would impossible to quantify the special needs of each Briton Abroad, the single criterion that would be all inclusive is that of NATIONALITY. It is up to each person to know whether they have a need to exercise their right to representation.

The need whereby Britons Abroad should have representation is spelled out in detail in the article linked here.

http://pensionersdebout.blogspot.com/2011/08/to-all-british-expatriates-everywhere.html

To support the campaign for Representation for Britons Abroad go to

www.votes-for-expat-brits.com

and please leave a comment
[The above has been very slightly edited (02/02/12) in the light of two received comments, The changes clarify my ideas on the nature of 'need'. The changes are indicated in blue. The comments are removed to save space. One hopes that does not cause offence.]

The case of whether James Preston can vote hits the sand?

2011-12-16T10:19:00.000+01:00

To go to the start and the INDEX click here

Who is James Preston? He is a English businessman who lives in Spain. His last home in Britain was in Wandsworth, London, more than 15 years ago. When he applied to Wandsworth Council in 2009 to be registered as an overseas voter, he was told that because he left for Spain more than 15 years ago, he could not register as a voter.

Mr. Preston took the case to the High Court in London, with his Counsel acting ‘pro bono publico’ (for the public cause and without a fee).

The final (almost) phase of this was brought to judgement on 8^th November 2011 before the judges Lord Justice Elias and Mr. Justice King. The case number is CO/3344/2010

Sad to say the judges rejected Mr. Preston’s case.

Is it stuck in the sand? Well there are some interesting comments on the case both from the Counsel for the defence (the Council and the Government) and judges.

Let us look at these.

1. Mr Coppel (Counsel for the Government) … “Imposing a period of fifteen years as the cut-off point for eligibility to vote from overseas does not appear to be either disproportionate (etc)…………… Over such a time period, the applicant may reasonably be regarded as having weakened the link between himself and the United Kingdom … and he cannot argue that he is affected by the acts of political institutions to the same extent as resident citizens. It may be noted that in European Union countries, persons in the position of the applicant may generally vote in European Parliament elections. It is also open to the applicant, whether or not he so wishes, to seek to obtain the vote in the country of residence, if necessary by applying for citizenship.”

I am profoundly insulted by the last sentence. These people confound VOTING with REPRESENTATION. They assume that all that is necessary is the physical act of THE VOTE!! Help us all. Are these ‘counsels’ these ‘civil servants’ so utterly blinkered? We citizens need to be able to have our views HEARD. We need to be able to speak to those who make laws which affect us and our families still resident in the UK. We want our views heard on the matter of how our income is derived and the regulations which affect our savings. We want our views heard on the terms of treaties which affect our lives within the EU, and the future of the structures and life within the UK to which , one day, many of us may need to return.

The link between us and the UK does not diminish with time. We are not so much less affected than the general run of residents in the UK and getting less so with time. It is just not true!

Do these people realise that we, who live in Europe communicate instantaneously with our friends and families in Britain, and that we are aware as instantaneously through television and the internet with events in Britain as THEY HAPPEN!

Lord Justice Elias wrote in his submission

I accept that the claimant and others who have provided witness statements are genuinely upset about the rule and consider it to be unjust and unnecessary. The right to vote is a fundamental constitutional right and the claimant is aggrieved by its removal. It does not, however, follow that disenfranchisement constitutes a deterrence to free movement. For reasons I have given, in my judgement, it does not.

The matter of ‘free movement’ is the central point of Mr. Preston’s argument in this case. It was on that very point that the judgement went against him

BUT

The Lord Justice Elias has also said ‘The right to vote is a fundamental constitutional right’.

Lord Justice Elias continued Strictly therefore the issue of justification does not arise. However, I shall deal with it briefly in case I am wrong on the first point.

In my view, the 15 year rule is a proportionate interference with the right of free movement. The Government was entitled to hold that there is a legitimate objective which the rule is designed to achieve, namely to remove the right to vote from those whose links with the UK have diminished and who are not, for the most part at least, directly affected by the laws passed in the UK.

In short – If the Government are only seeking to remove the right to vote from those who have no links with the UK – then this obviously HAS FAILED.

I and many like me have demonstrably very strong links with the UK and will have till the grave welcomes us.

To remove my right to be REPRESENTED in the seat of Government of my Nation is dictatorship. Britain, is in this respect a non-democratic Nation. The Government ordains that the voice of many of its citizens is unwanted.

This case will go to appeal.

The Full Judgement can be read here.

What YOU can do

1. Give your opinion to Mark Harper MP psmarkharper@cabinet-office.x.gsi.gov.uk

Mr. Harper is responsible for promoting a change in the law.

2. Make sure you give a comment on www.votes-for-expat-brits.com

3. Post this item to other British people.

A DOOMSDAY SCENARIO?

2011-12-09T12:25:00.000+01:00

To go the the Index and beginning click here

If you will excuse my taking on the role of the prophet Cassandra, the Euro-land agreement struck in Brussels on December 8^th 2011 could presage an exceedingly uncomfortable time for British expatriates in the European Union. The scenario unfolded below is unlikely, but let us follow it.

We have before us a position whereby at least 23 nations of Europe are forming a ‘fiscal union’ . It could well be that in time there will be 26 nations in this Euro-land club with Britain alone remaining outside.

At the moment all 27 nations (including Britain) are signatories to the various European Union treaties from those of Rome to Maastricht.

These treaties enable British citizens variously, [though some items apply only or largely to pensioners who have never subscribed to the social care provision of their resident State (marked *)]

a. to move and live freely within Europe in any State, regardless of income.

b. to vote in local elections and become maires and councillors in their communes.

c.. receive health care cover*

d. to receive all Social Security benefits* to which they would be entitled in their home State.

e. to receive the State pension as they would in their home State*

Now consider – as time goes on would one not imagine that the 23/26 Nations will need to change the EU treaties to serve some new circumstance?

Is it not probable that such a circumstance could affect the arrangements with Britain?

That would trigger a referendum in Britain, if indeed the British Government were to countenance such a change. If it did not then Britain might anyway have to pull out of the Union, for the 23/26 could not tolerate such a thorn in the flesh.

Is it not extremely likely that the right-wing faction of the Conservatives will use the existing situation today to attempt to force a referendum? Would they succeed?

If a referendum were forced, is it not very likely that the result would force Britain out of the Union?

In the worst scenario (says Cassandra) then life for all British pensioners (450,000 of them) and quite a few other British citizens would be financially intolerable. Many would have to go home, because their health cover collapses, and their income could drop as well.

Pensions could be frozen, the Winter Fuel payment (for those who have been allowed to receive it!) would stop.

This is the doomsday scenario – But let us not listen to Cassandra and consider a more likely situation.

If Britain were to leave the EU a horror on such a full scale would probably, in some manner, be averted. Britain would probably adopt the same status as Norway or Switzerland, within the EEA but outside the EU as full members. (see note at the end)

Inclusion in the EEA means that Britain still is a signatory to the regulations covering Social Security, which would mean that the pensioner should not suffer. But Britain would have no say in the future development of the EU. There would be no British MEPs in the EU parliament. Yet, Britain would still be required to subscribe financially to the EU, just as does Norway and Switzerland.

But in all these changes where stands the opinion of the British expatriate in Europe?

They will not be asked! The blessed few who have taken care to maintain their right to vote in the UK, will have a voice. They will be able to vote in a referendum.

Those who left Britain more than 15 years ago will have no chance of a voice.

But will those who have a voice be heard? One doubts it, because the tiny little voices of the expatriates are not united into one big bellow.

There is no structure for the REPRESENTATION of the British people living in Europe. The full range of pros and cons of EEA versus EU, or leaving totally, will not be presented to them for their consideration.

We should press for representation right now! www.votes-for-expat-brits.com

My bet is that a referendum is likely within the next few years.

Note--- For more light on the EEA v. EU look at

http://en.wikipedia.org/wiki/Norway_-_European_Union_relations

On the Matter of Frozen Pensions

2011-12-04T10:25:00.002+01:00

To go the Index click here

An article appeared in The Telegraph on December 1^st 2011by Leah Hyslop.

It is on the absurdity of the State (Old Age) pensions being frozen when paid to people who have retired abroad, mostly to commonwealth countries.

Curiously, the issue was raised by the Runnymede Trust which is a think-tank on race relations. To discover more - raise this link.

The Telegraph.....Think-tank-slams-frozen-pensions-policy

Before you switch off and say ‘This has nothing to do with me!’ stop and ponder.

1 It is fascinating that the matter of the Frozen Pensions is raised via particular concern for the Asian and West African people who immigrated to Britain to seek work up to forty years ago and who wish to retire back to the country of their birth.

In contrast, any sympathy for the retired Britons descended ancestrally from resident British stock has not up to now achieved anything at all! If the Runnymede Trust can achieve progress – then let us praise them. But is it not a curious development? But the Runnymede Trust is an influential body and it may well yield results where others have failed.

2 The major slant I draw on this is the power that comes through having a Voice.

The Runnymede Trust is a respected body and possibly the Government will listen.

If only the Expatriates would rise up as a body and declare ‘We Want a Voice’,

Then the expatriates of all colours and creeds might achieve something.

‘We Want a Voice’ can be interpreted as

‘We want Representation’ which can in turn be interpreted as

‘We want the Vote’ – for LIFE.

If the expatriates could somehow exercise pressure on the British Government, if only!

But they never will unless they stand together, and stand up for justice.

Read and sign www.votes-for-expat-brits.com

British Pensioners Leave Britain yet again!

2011-11-27T13:37:00.005+01:00

To go to the INDEX and beginning click here

Graphs of the pensioner citizens in Europe since 1973.

Click on the graph to enlarge - to return press 'esc' or possibly the arrow < at the top of your screen.

Figures for MAY 2011 have been published by the Dept of Works & Pensions.

Full details are here.

In spite of the recession and the huge drop in value of the £ the elderly Britons continue to leave. Only the Commonwealth countries of Canada and Australia where the State pension is frozen has there been a fall in the number of resident pensioners.

The population in France has increased 1.5 %. *(n.b. an error was made relating to Cyprus in a circular letter to correspondents- apologies)

The total outside of Europe has fallen by 0.04% . In the EU beyond Britain, it has increased by 0.04%. The actual numbers of pensioners who migrate are higher than they seem because one has to discount the numbers who die who are subtracted in the total count and should be added in,because that number is replaced by new comers!

The top six nations in Europe for expatriate British pensioner citizens are.
Increases are in the last three months since February 2011 -note!

Ireland 123,210 increase of 1,020

Spain 102,000 increase of 840

France 54,980 increase of 810

Germany 38,130 increase of 330

Italy 37,900 increase of 110

Cyprus 17.61 increase of 130

Does anyone in the British Government ever ask why this migration is taking place?

Do they care?.

The Insolence of the Civil Service

2011-11-20T08:48:00.000+01:00

To go to the Index and beginning click here

The Civil Service in London, as agents of the British Government, have written to the European Court of Human Rights [ECHR] in the case of Harry Shindler. He is claiming the right to be represented in the Westminster Parliament. That is, he wants to have a vote and have a say in how Britain is managed.

This letter can be viewed here. (1Mb)

The Civil Service is as you might suppose, totally opposed to Mr. Shindler’s request.

[A little background:- Mr. Shindler is 90 years old. He fought in World War II in Italy, notably at the Anzio beachhead which was a bloody experience, and later settled in Italy after an earlier spell at home in the UK. He married an Italian girl. He has been resident in Italy for 29 years (since the age of 60!) but has returned frequently, even in 2011, on visits to England. He has always been passionate for the Rights of his fellow Citizens, having founded the British expatriate Association in Italy and active in the Italy Star Association of British ex-soldiers. He brought a case on expatriate voting rights before the ECHR]

The letter from the Civil Service (Foreign and Commonwealth Office) says or implies several astonishing ideas.

1. It suggests that Mr. Shindler has not exhausted ‘domestic remedies’ (i.e. a passage through British Courts) prior to submitting his application. So? No doubt a delaying tactic.

2. It indicates that Mr. Shindler has not demonstrated that he has been adversely affected by not being able to vote in the last 14 years or in the future. Well, he hasn’t lost an arm, or caught some horrible disease because he hasn’t been able to vote. But he hasn’t been able to influence the political progress in England in his own small way. You may as well say ‘let’s take away the vote from everyone, no one will suffer or be adversely affected!’

3. The letter observes that other cases of a similar nature have been disallowed in the past, and imply that the development of expatriate communities and internet and other communications are no different from 2007, when the last case was heard. Oh yes they are, and continue changing at a great pace. Facebook, Twitter, Linkedin, are examples of the rapid convergence of the world. The democratic movements in the Arab Nations and elsewhere similarly so. Tunisians vote for Tunisia in Canberra, Moroccans in Cahors. French, Russians and Poles in London. But the Brits cannot vote in Paris!

4. The letter claims that after 29 years in Italy, Mr. Shindler is unlikely to be considered as domiciled in the UK. Oh yes he could! The crazy tax laws of the UK make it well nigh impossible to reject British domicility if you are a British subject. In legal terms you cannot reject your domicility unless you positively take on another! Mr. Shindler has claimed that he has British domicility. Mr. Shindler says he wants to stay British. That alone is evidence of his Britishness.

5. The letter implies that if he wants to have a national vote, then he could take out Italian nationality. Does not that make any loyal Briton angry!

It isn’t the vote as a mechanical activity which is under discussion. It is his bond to the nation of birth and for the society for which he has fought in many ways for most of his life. Even though Mr. Shindler has been resident in Italy (now) for 31 years, that means that for 59 years he has been resident in and devoted to Britain, and is still so today!

Is it not despicable for a Civil Servant to say to a British Citizen, ‘you can transfer allegiance to another State if you want the vote’. In the wider world beyond Europe it is a ludicrous notion. [Japan? Russia? Thailand?] It can be problematic enough in Europe (e.g, Denmark, which forbids dual nationality).

But this deplorable suggestion shows the crass misunderstanding of the nature of Europe. Europe is where the borders are free to cross for the people of all its nations.

If you are a young person you may at times work in France, Holland, Italy and indeed Britain over the course of twenty years. But you remain British at heart. Is it expected by the Civil Servants that you should change your nationality at each move? What insolence! What ignorant thinking! How they lack a sense of history.

Yes indeed, in Europe it would make great sense to be able to vote where your most profound seat of interest chiefly lies. I have considerable sympathy for those young Britons who live in Spain, Italy, France or Germany and who are denied Representation in their State of residence. This is a matter which the European Union should urgently address. But even to these people, I observe to them that it is the treaties between Britain and the EU which enable many to live in their host country. If their loyalties lie mostly or entirely with their country of residence, then they should in truth, take out the nationality of their host country. If they retain a loyalty to Britain, then should they not also have the privilege of having a say in how Britain is managed? More so, if they are almost totally dependent on Britain. The people of Europe are the nerve threads of the spirit of European progress. And Britons, each one of them, are ambassadors of British culture.

For the elderly who have retired to a continental country then the picture can be different. For the retired Briton who has so many ties to their land of birth, in terms of family, income, even taxation and of course memories, to deny them Representation in Parliament is unthinking, and crassly insolent.

The Civil Service claims to speak for Britain, the British Nation. The British Nation is the totality of its Citizens. The Civil Service is denying a voice to a great number of British Citizens. Should we tolerate this ‘Insolence of Office’! Should not the people speak? Give the people a voice.

www.votes-for-expat-brits.com

On Remembrance Day 2011

2011-11-16T10:49:00.001+01:00

Thoughts from an expatriate - an expatriate who feels ignored and shelved by the Government of Britain on this most important day when all elderly Britons remember the homeland of their youth.

Yes, I watched the remembrance parade pass the Cenotaph. Yes, I watched it from eight hundred miles away. Television brings Britain to my salle de séjour in France, as it brings it the millions of expatriates across the world. What then does Remembrance Day mean to me?

I remember when I was eight and Hitler’s bombs dropped around me and on me. We lived in those early years of World War II in a small terraced house that had a view of one of the main arterial roads from Kent into London. I remember in the days before the Blitz, my mother talking to me as she and I sat close to the bedroom window which looked upon the road., ‘What” she said to me “shall we do if the Germans come?” “They can’t all be bad. They’re all some mother’s sons” she said, as she touched me. Later they came not in person, but overhead in planes and they dropped their bombs. Thirty terraced houses were destroyed and the view from the shattered window became panoramic.

I remember my brother leaving the next day to join, under age, the RAF, and then serving in Cyprus and Italy. He now sleeps and breathes in a home for the mentally sick in Northfleet.

The parade brings silence to myself and my wife. The remembrance of young lives lost. There is also a sense of pride that Britain stood for a time alone against a small minded tyrant who dragooned the young men in Germany against the rest of Europe.

Throughout Europe and indeed the World at this time on November 11^th at the 11^th hour, there are still British people yearning for the cause of British Pride. But these British people are at the very least, ignored, and at worst scorned, by the insular minded politicians and I can add the insular minded civil servants who advise them, those who manage the British Nation.

The feeling of despair which comes upon me when I sense the lack of understanding by the politicians, of the British Character which brought us through the War and have since upheld what have been called ‘British Values’ throughout the world, brings to my mind the words of the hymn.

When wilt thou save the people?
O God of mercy, when?
The people, Lord, the people,
Not thrones and crowns, but men!

The politicians speak of the needs of Britain. But Britain does not exist – outside of its citizens, the people. The people of Britain are spread across the world. These expatriates are ambassadors of the values of British civilisation. That is their role, their job! These citizens of Britain should be heard. Their voices should not be silenced, but listened to and respected, by the politicians in London.

Give us a voice, and we can continue the job! - www.votes-for-expat-brits.com

A British Citizen Abroad is a Citizen Ignored?

2011-11-04T09:40:00.004+01:00

To go to the INDEX and start click here

The Select Committee on Political and Constitutional Reform has reported on the 4th November 2011, on the subject of voting.

(Their remit was the reorganisation of the electoral register in the UK, so to get a recognition of the expatriate included- see below - is an advance. The more extensive representations made by some of us amongst others are in printed form in the House of Commons Library. They are indexed in the report to be consulted by MPs.
The Report can be viewed at http://www.lefourquet.net/CRC-FINAL-REPORT-I.pdf - the library list is on page 35 -)

There are two references to overseas voters in the report. The first mentions the inadequacy of the postal vote. A very welcome observation! The second is copied below.

item. 99. The Committee also received written evidence from a number of expatriates calling for the Government to abolish the current 15 year limit on voting in General Elections when living overseas. Mark Harper responded that it was something that Government is considering at the moment, but we have not reached a decision.

The expatriate desire to be recognised is noted. This is a good thing and a tiny step forward. And note the word 'abolish'. But it is a very thin chink in the door. The door is not locked but hardly ajar.

********

If you are a British expatriate then you are affected by the treaties between the country where you live and the UK signed in your name.

If you are concerned about the way Britain performs on the world stage.

If you receive your income from the UK, have family in the UK, or may one day return to the UK. Then you should express your feelings.

YOU CAN make a difference. You can push at the door! Get out your fingers and Write. One sentence (and a bit) is enough! You can extend if you wish.

1. To the Minister for Political and Constitutional Reform,

Mark Harper, Cabinet Office, House of Commons, London, SW1A 0AA .

mark.harper.mp@parliament.uk

Dear Mr Harper…. I am a British citizen and I want to have a say for life in how my country manages itself in the world and in all matters that affect me and my family.

I want the vote for life.

2. TO YOUR MP (to find your MP click on - http://www.parliament.uk/mps-lords-and-offices/mps/ )

Dear… *****. I am a British citizen and your constituent! I want to have a say for life in how my country manages itself in the world and in all matters that affect me and my family. Please act in my interest now and when a vote comes before Parliament. I want the vote for life.

http://votes-for-expat-brits.com/Sign-up-Poll.php

Now Tunisians Vote

2011-10-20T16:59:00.000+02:00

To go to the INDEX and beginning - click here

If you will, READ this item from the Guardian
I quote directly from the Guardian for Thursday October 20th 2011 (Lizzie Davies)

Tunisians abroad vote 'with hands trembling and tears flowing' At around 10pm Tunisian time - 8am in Canberra, Australia - Najia Oun made history. Walking into a polling booth and dropping a little piece of paper into a transparent ballot box, she became the first person to vote in her country's first ever free elections.

Read more..... (click)
http://www.guardian.co.uk/world/2011/oct/20/tunisian-elections-2011-tunisia3

-----------------------

Of all places in Canberra! Canberra! The capital of Australia of all places where one million three hundred thousand British Citizen live and where very few of these British Citizens have the right to vote as British Citizens. The British Government denies this right of natural justice to its Citizens amongst the Nations. The Comity of Fairness and Decency amongst the Nations is shamed by this outrageous, dictatorial attitude. Shame!

Britain is a Nation whose politicians walk on the World Stage pronouncing that democracy is to be brought to Libya, Egypt and indeed Tunisia, and all other 'errant' nation States and yet have the gall to deny it to their fellow citizens.

Amongst these Citizens in Australia are 252,000 British Pensioners whose State Retirement Pensions are frozen by the British Government - That is to say- the Old Age Pension for which, through National Insurance Contributions throughout their working lives they thought they had paid. Many of these pensioners left Britain to join their grown up families and grandchildren. Is this such a crime, that they should be cast aside by the successive governments of a country for whom so many of them gave so much in conflicts and wars for the cause of freedom, democracy, and their country?

Will all Britons, young and old, rich or poor, Stand Up, Speak Out and add your names to these petitions?

http://votes-for-expat-brits.com.
http://epetitions.direct.gov.uk/petitions/16387

Expatriates Frozen.

2011-10-17T11:10:00.001+02:00

Frozen in Canada. A Story of Our British Country Folk. How you can help.

Many years ago I stood near the bridge which separates the USA from Canada and I admired the magnificence of the Niagara Falls. No doubt today there are British pensioners living on both sides of that Bridge, but they would be foolish indeed to live in Canada, because their State Retirement pension would be frozen at the level at which they emigrated. But, perhaps one such elderly couple is there because their daughter had moved there years before. She and her family have a large Canadian house and she feels more able than her brother still living in Woking, England, to care for her parents.
Their son and his family in England, have a small modern house scarcely 18 feet wide on a Wimpey estate and with their own children to care for, there is not the space for his parents. The parents are concerned for his welfare and the education of their grandchildren and all the social welfare system of the UK.

So! What has this story to do with you? Two elements - firstly the situation of the representation to Parliament of the elderly couple who will have powerful links for the rest of their lives with the social systems of Britain, and secondly the gross unfairness of their frozen pensions just because they need to live in Canada, rather than the USA, or stayed in Britain.

In both matters they are unfairly treated by the Government of their homeland. After 15 years they have no representation in England, although they remain deeply concerned about the welfare of their son and his family, and they remain dependent for their State pensions on Britain, and the husband's police pension and its taxation, for he served in the police force in Guildford.
So in 2011 these grandparents are concerned - you bet! of course they are!
So they add their names to two petitions. One on their frozen vote and the other on their frozen pension. If they had the vote they may influence the pension!

http://votes-for-expat-brits.com.
http://epetitions.direct.gov.uk/petitions/16387

They are British Citizens. In spite of all the knocks which their own British Government direct at them, they remain proud to be British. They come from families of humble origins*, but with guts and courage have survived the vicissitudes of the past 80 years and their children have tried in spirit to follow in their footsteps.

*their parents supported Labour!

Australia.   I read of a retired engineer there aged 81, whose Old Age Pension is only £18 a week, because it is frozen. Those expatriates who live in Australia have signed in their hundreds both of the petitions. This week the number of British Pensioners outside the EU (particularly in Australia) who have signed the petition on the frozen vote exceeds those pensioners in Europe who have signed the same petition.

So what does all this mean to you?     In the cause of British solidarity, just as the Australians (one hopes that the Canadians will follow suit) have voted to thaw both the frozen vote and the frozen pensions, so all Britons everywhere should support both causes.
Please sign up on both petitions.   And copy this on to other British pensioners, expatriates and indeed those remaining in our homeland.

Other Information. You may wish to write to a British MP - You can find a list and thus their email addresses via the following link
http://www.parliament.uk/mps-lords-and-offices/mps/
It is believed that the LibDems are against extending the 15 year vote, but are for unfreezing pensions. They are a major influence in the Coalition Government.
The Conservatives seem to be for unfreezing the vote but possibly against unfreezing the pensions. There is no indication of Labour leanings, but they can surely be influenced? Leaders are - LibDems - Nick Clegg; Labour - Ed Miliband; Conservatives - David Cameron.

Brian Cave - organiser

The Island syndrome of Iain Duncan Smith.

2011-10-01T16:21:00.000+02:00

To go to the index and beginning click here

There is a sad debate in Britain.

Frankly - you can skip the following links and begin atthe >>>* unless you havea mind to explore the matter deeply.

It all begins with…..

http://uk.news.yahoo.com/benefits-row-could-cost-uk-2bn-051142015.html

but it continues with a much morethorough examination in

http://www.economist.com/blogs/bagehot/2011/09/britain-and-eu-2

In Brief:-

It is all todo with whether EU nationals can immigrate into the UKand immediately claim social benefits at the expense of the UK. Well they can’t. EUnationals have to be an ‘habitualresident’ to claim any benefits – Whatis an ‘habitual resident’ is the deciding point! Essentially it is one who has contributed tothe British Society.

Iain Duncan Smith (IDS) said: "The EU settlement issupposed to protect the right of member states to make their own socialsecurity arrangements. But we are now seeing a rising tide of judgements fromthe European institutions using other legal avenues to erode away these rights,and we should be gravely concerned."

>>>* … IDSadded: "As if this week's decision was not badenough, we are also fighting increasing demands for the UK to pay benefitsto those who have long since moved abroad, and who may never have made morethan a token contribution to UK society."

There is a sad suppurating syndrome exposed in these misleading words,rampant in Britain. It generates antipathy to those who haveemigrated. I would wish IDSto meet some of our British expatriate friends. All retired to Franceto explore new horizons. They are alldependent on the UK Social Security system for their State Pensions. Franceasks the UK topay for their health care. They areneither scroungers on Francenor the UK. But being long term contributors to the BritishSocial Security system they deserve the support and recognition of THEIR Government, which is the British Government. If theydeserve certain benefits as they grow older then they also should receive them now they live in Europe.

There is the chap who was grievously wounded at the age of ten, butwith extraordinary courage developed a career in the construction trade.

There is the ex-officer of the army who servedthe UKthroughout the world.

There is the fireman who had a career in service in the UK.

There is the schoolteacher who came to live near herdaughter after retirement. She has an extremely small income. Now she is inher 80’s and because she emigrated before 1998 she does not receive the £300Winter Fuel Payment (WFP)

There is the woman with a career as a district nurse in Norfolk.

There is the career policeman. He, because he cameto Francebefore obtaining the WFP in England also looses out on the WFP.

IDS! I ask of you .. Dothese people, stalwarts of England,who promulgate the British culture in Europe not deservethe support of the British Government?

The antipathy in Britaintowards those who have emigrated to Europe is a festering fungus which eats at thesensibilities of the resident British public. Politicians who in any way nurture this fungus should be ashamed. Forgive them- Do theyknow what they are doing?

[Fellow citizens - Claim your right to Representation in Britain by clicking here.]

Unfair Financial Burden for retired Britons in France

2011-09-26T11:16:00.000+02:00

To go to the INDEX and start - click here

Other 'posts' on this blog deal with the substance of this.
Consider an elderly couple who retired to France before 1998. We will call them Mr and Mrs. Briton. He is now over 80 and was a teacher.

1. His teacher's pension is (in euros) 24,000 euros, which is entirely taxed in Britain. This tax is 2627 euros (equivalent of £2285.5). This sum would be zero if this income (as a sole income) were taxed in France. see note a/.

2. Because they retired to France before the institution of the Winter Fuel Payment they do not receive it. This amounts to £300 at present for the over 80s = 344 euros

3. They need to find 1500 euros minimum for top-up health insurance. EU law decreees that the UK is the Competent State to carry the costs of their health care. But it does not happen.

How much do they lose out taking on board EU law?

The total they appear miss out on and/or have to find is 2627+344+1500 = 4471 euros. But note later- we need to take in their other pension - The State Retirement Pension, which is their only other income. Although taxable in France it is too little to attract more tax.

If EU law on health costs as it appears to be written was observed they would have no health costs. see note b/.

IF all their income were taxed in France then one has to include their joint State retirement pension (11640 euros) in the calculations of taxable income in France. The French Tax bill would be 1812 euros. This is 815 euros less than their existing UK tax bill. The amount they lose out on then has to be recalculated as 815+344+1500 = 2659 euros

So, if all were really fair for this elderly British couple they would have an extra 2659 euros a year to enjoy life.

When they retired the exchange rate between £ and France was very favourable and these financial matters were not particularly important. Since then the £ has collapsed and they are watching the centimes.

Notes .. a. link to posting . 'Taxation- in-France-& -UK' ........................
b. see EU Regulation 883/2004 Article 24. Link 'Health Costs Legal Position'

WINTER FUEL PAYMENT - ACTION!

2011-09-11T09:34:00.000+02:00

To go the INDEX click here

Mr David Burrage the legal advisor and co-founder of the Spanish Expatriates Association www.ukgovabusesexpats.co.uk informs me that it is his opinion that all elderly Britons in Europe should receive this benefit (with provisos as described below).

I extract the following from his information. Some important elements are highlighted .

EXTRACT

********

EU Commision's press release on this 25-07-2011-click-.

What does all this mean?

Putsimply we take the view that where the UK is and has remained the Competent State for the award of social security benefits. That is;

(a) Whereyou have not activated social security rights through some economic activity inanother relevant State and where;

(b) Youhave a social security linking with the UK through;

(i) Pastresidence,

(ii) Pastsocial security contributions,

(iii)Previous NI credits or,

(iv)Where you are in receipt of some other social security benefit, including yourState ‘old age‘ pension and

Thenyou are entitled to make a first claim, even though you may be resident outsidethe UK and elsewhere within the EEAor Switzerland.

Youcan download the claim form from the Internet on this link http://www.direct.gov.uk/prod_consum_dg/groups/dg_digitalassets/@dg/@en/@over50/documents/digitalasset/dg_198683.pdf.

Sendthe completed form to DWP, PO Box 10142, Annesley, Nottingham NG15 5WY. You should alsosend your original birth certificate.

Alwayskeep copies and send any correspondence by certificated mail.

Wesuspect that the DWP will currently be in denial of the most recent case law ofthe ECJ and will refuse your claim on the erroneous basis that you were notordinarily resident in GB at the date of your claim. Nevertheless, if you areto complain the matter, then you can do so following any refusal of your claim.

Wehave briefly addressed this matter to the Commission in the light of theirrecent press release and await theirresponse.

***************** End of Extract

Old Age Pensioners leave Britain!

2011-08-26T15:38:00.001+02:00

To go to the Index and beginning click here

The Emigration of Old Age Pensioners.

August 2011

The latest figures on thegeographical distribution of British Statepensioners have been published – for February 2011.

It is extraordinary thatthe total number of State pensioners between November 2010 and February 2011 fell by 15640. This number will be the difference between thenumber who died in excess of the new generation of pensioners during that time. But thisfigure is at first sight perplexing when we learn that the total number ofpensioners resident in Britainfell by 17890! There is 2250 missing!

The explanation is that the 2250emigrated.

If we go back to a comparison ofthe full year between February 2010and February 2011, then we find that the number of pensioners living abroadincreased by 18,240. The total globalincrease was 86,040. It would seem thatabout 1 in 5 pensioners are emigrating! The actual figure of those whoemigrated during this year is actually higher than 18240 because one must add on the number of pensionerswho replace those who have died abroad.

Statistics

Between February 2010 and February 2011 the number of British State Retirement Pensioners(OAPs) increased by 86,040 from 12,487,070 to12,573,110.

The number living in the UKincreased by 67800 from 11,323,590 to 11,391,390.

That is to say 9.3% of all State pensioners live abroad.

Click on the graph to enlarge it - To return click the < at top left of the screen.

In spite of the recession and a decrease in the rate of emigration - the pensioners are still leaving!

The Financial Telegraph published this article [click] on the emigration of the pensioners.

It is interesting reading.

What is wrong with a country when so many pensioners want to leave it? Is it the same reason why so few pensioners abroad are concerned about voting?

Should not all UK Governments stand back and ask 'What have we done wrong?'

To all British expatriates everywhere!

2011-08-16T17:23:00.005+02:00

To go to the Index and beginning - click here

To the British expatriate anywhere inthe World.

How you can help! Representation! - click here
Also read here an article published in France and reprinted in The Telegraph -click

Why you should have ‘Representation’ and thereby the Vote at Westminster!

First - If you live within the EU - It matters most to you.
The average expatriate Briton in Europe does not understand that their ability to live in Europe depends on the UK Government. Especially is this so for all the ones who are retired -54000 in France [about 430,000 in the EU]. But all, young and old*, can only have the right to live here if the European Union holds together. It is very necessary indeed that the UK Government acknowledges its responsibility towards the Britons in Europe. It is just as necessary that the Briton in Europe ensures that the UK Government exercises its responsibility in their interest. This can only be achieved if they have representation in Parliament. This is democracy. This message is quite vital for the political health of the EU enterprise.
If European Union were to collapse, or the UK withdraw from the EU as so many in the UK would foolishly wish, then many of us would be in an uncertain condition.

*e.g. health cost support for pensioners could collapse if the EU fails.

For every expatriate.

Representationmeans having an MP who cares for you and who speaks for you in Parliament andcan intervene for you (i.e. express your concerns) with the bureaucrats in Whitehall or elsewhere.

Reasons.:-

1.The pride of British Solidarity. Thisis not the most obvious reason. But itis the most fundamental. If you are notproud of being British then you should ask yourself whether you should change your citizenship. Are you not proud of the once existing Britishstandards of fair play, and honesty, forwhich the British culture used to be so respected across the globe.

Also,in reverse, one asks the British Parliamentarians – ‘Are you not proud of thework of British expatriates throughout the world? Are they not citizens whosework and spirit should be respected?’

Allexpatriates are shocked by the decline of standards in Britain which we have seen so demonstrated this summer. This decline we have witnessed long before we became resident abroad andif we could, no doubt many of us would give some voice to its correction.

Weall have an interest in uniting to maintain a standing of honour in Britishculture.

2. The UK Government represents the expatriate – even if theexpatriate is unaware of it.

It represents us in treaties and relationships with our hostcountries But- the UK bureaucracy is largely unaware of our needs. It has no means oflistening to us! It has no ears!

Theseneeds range from matters of local social support - to government taxation andconflicts or confusion between UK and host country regulations - e.g. employmentregulations for professionals. Without some means of feedback fromexpatriates the Whitehall machine can and does just plough on withoutunderstanding of the consequences for the individual. Its attitude thereforeevolves to protecting the perceived Government's position and not protectingthe British expatriates' position.

Examples:-
Pensions– Those of teachers, Fire Service (and a lot more) are assumed to be‘government’ pensions in France but ‘non-government pensions’ in Greece. NHS pensionsare ‘non-government’ pensions in Francebut ‘government’ pensions in Germany. Thesearbitrary decisions affect the taxation costs of thousands to the cost of thousands of£s.

TheState retirement pension is frozen for many expatriates in many countries but not all. Thus if you live in San Marino it is frozen, but not so in Florence. It is frozenin Monaco, but not in Nice. It is frozen in Niagara Falls (Canada) but not inNiagara Falls (USA).

Health – The UK makes agreements with the EU and its constituentcountries (where 1.5 million British citizens live) on health payments forpensioners but the expatriate pensioners have no voice on such agreements intheir name.

BorderControls. The UK makes whatever changes it chooses, without any ear asto how this may affect the expatriate.

Bankingand Finance. Regulations which affecthow and where the expatriate can change or use financial systems within the UK never take cognisance of the impact on theexpatriate.

Interests in the UK.- Large numbers of expatriates have financial interests, and many property interests in the UK. It is plainly obvious that they have an interest in the management of the country!
TheGovernment could introduce old-age benefits limited to 'residents' . This isthe case already with the ridiculous Winter Fuel Payment. If it wasn'tfor actions by some people it would not be paid to any expatriate. Wehave to thank the EU for ensuring a partial fix. But there are some veryelderly expatriates who well have need for this extra money [The WFP is a paymentwhich by reducing the public purse, reduces the scale of the State Retirement pension].

3. Expatriates in difficulty. Residents in the UK can visit or write to their MP if some particularissue is important to them. Expatriates may well have issues with a UK bank, the UK tax office, local authority, payment of pensions or social carepayments or a problem relating to a near relative – perhaps a child at a schoolin the UK or a relative in nursing care. You may yourself on a visit to the UK run into some difficulty.

Itis the law that you cannot contact an Ombudsman in relation to a Government body or the NHS except through a Member ofParliament.

Ifyou have no MP then it is impossible to do this!

4. Finally The principle of Democracy -that constant vigilance supports freedom.

Doesnot the concept of ‘citizenship’ mean abinding relationship between the governing body and the people?*- Article 15 of the Universal Declaration of Human Rights says 'nationality is the legal bond between a person and a State'. This is included in Harry Shindler's application to the ECHR on this subject. .... see note below

Wemay be in title ‘subjects of the Queen’ but times have changed and I fear we have moved into a form ofdictatorship of Government which haschosen to prevent any voice of millionsof its citizens being heard. They do notspeak because they know that no one is listening.

Many British expatriates feel ALIENATED fromthe governance of their mother country because of the indifferent attitude of the BritishGovernment. To establish a permanent vote would be a first step to redressingthis alienation.

If the expatriate does not have a democratic voice, the Government is free totake any action which it distantly believes to be in its interest, that is notnecessarily in the interest of the expatriate citizen.

It is in your interest to support the democratic ideal. (click)

* Harry Shindler [90 years old -resident in Italy since 1982, holder of the Italy Star (World War II, Anzio beach-head), president of the association of British expatriates in Italy. ]

Harry has applied to the European Court of Human Rights against the UK's refusal to grant him representation at Westminster.

To view this application - click here - It is 4 mega bytes in size.

Sickness Benefit ruling July 2011

2011-07-26T10:10:00.001+02:00

To go to the index and start of this blog click here

The information below has been received from David Burrage (Legal advisor and co-founder of the Spanish Association of British Expatriates).

To read more you need to sign up to their site. http://www.ukgovabusesexpats.co.uk/

Extracts are copied below - please read. The consequence of this ECJ ruling is that - as long as the UK is the 'competent State for your social security' then if perchance you fulfil the circumstances to be awarded a sickness benefit in the UK if you lived there, then you should receive it anywhere in the EU - even if those circumstances have come upon you recently. Thus if your spouse becomes incapacitated and would have an Attendance Allowance were you to reside in the UK, then your spouse is entitled to receive it in France, Spain etc. If your net income is below £100 per week then if you are in the position of being a carer, you may well claim a Carer's Allowance.

These are the first two paragraphs of this communication

The European Court of justice (ECJ),in Lucy Stewart, case C-503/09, has finally delivered an 18page land mark ruling with regard to the UK’s imposition of their presence in,or ‘past’ presence in the UK of 26 weeks in the previous 52 weeks test (PPT), atthe date of first claim to certain types of sickness related benefits, whichalso embraces the benefits of disability living allowance ‘care’ component, attendanceallowance and carers allowance.

The effect of this ruling,delivered on 21^st July 2011, is that, such a past presence test canonly be imposed in the absence of some other proper linking to the UK’s socialsecurity system, including past contributions, substantial previous periods ofresidence in the UK, receipt of some other benefit, such as the benefit awardedto the appellant in the main proceedings, when as a result a person is inreceipt of N.I.contribution credits, or where they have an established linking throughthe receipt of a State ‘old age’ pension. Such linking can also be establishedby proxy, where a family member is dependent on another where that other personhas an established linking, as was the situation in the above proceedings Thistest cannot be applied in replacement of such a linking, but only in substationin the absence thereof.

another extract ---------------------------

The appellant in the mainproceedings is a Down’s syndrome victim (Lucy Stewart), she has never been able to work and ishardly likely ever to be able to work. Upon their retirement and when they werein receipt of their UK State ‘old age’ pensions her parents moved to Spain where they currently reside. When the appellant attainedthe age of 16 years her mother applied for youth incapacity benefit on herdaughter’s behalf. The DWP disallowed the application on the basis that theappellant did not meet their 26/52 week past presence test at the date of herclaim. In the meantime the appellant had been entitled to and awardeddisability living allowance (DLA), retrospectively, to the date of its inception of June1992.

For completeness, youthincapacity benefit is awarded to persons between the age of 16 years and 25years, where a person is physically or mentally handicapped and thereby unableto work. It is awarded for a maximum period of 354 days and where thecircumstances warrant, it is then replaced by normal incapacity benefit (I.B.).Thesebenefits are classed as disability/sickness benefits for the purposes ofCommunity law and as such are exportable to elsewhere within the EEA orSwitzerland. Further, where a person is in receipt of such a benefit they willalso be entitled to be credited with N.I. contributions.

.......Britons! - Your Country needs YOU!

2011-07-09T08:22:00.004+02:00

Unfortunately the Government does not understand this fact.
VOTES FOR BRITONS

click!

Read and Act Please!

NOW.

Unfair Taxation.

2011-07-08T11:48:00.001+02:00

To go to the start of the blog and the Index click here

The effect of the Double Taxation Convention France/UK

The example below illustrates the gross unfairness of the imposition of the Double Taxation Convention on many British expatriates in France.

------

Mr. and Mrs Smith are OAPs resident in France.
Let us suppose that they jointly have a global income of 32000 euros, all of it originating from the UK.
It originates from two sources. A Government service pension, and the joint Old Age Pensions (full for Mr. Smith, and Mrs. Smith has a reduced pension as a wife on her husband’s contributions).
The Government pension is £17715/year and the joint OAPs are £10125/year.
In Euros this is 20362 € and 11638€ respectively
These together are £27840 which at 1€= £0.87 is 32000 euros

The £17715 is taxable in the UK. Tax claimed is £820
The 11638 euros of OAP are taxable in France. Tax claimed on this is zero.
---------------
A home help is employed which costs 2000 euros/year (less than three hours/week). This, in France, attracts a 50% tax abatement of 1000 euros.
-----

If the whole 32000€ were taxable in France, then only 354€ (£307) tax would be payable.
As it is Mr. Smith is taxed £820 in the UK.
It is patently clear that the DTC is discriminatory against Mr. Smith.
It is clear that Mr. Smith pays more tax than a French National in exactly the same circumstances.
It is clear that Article 25 of the Double Taxation Treaty is infringed.
Article 25 states that no-one should suffer a greater tax load compared with a French National as a result of the operation of the Double Taxation Convention.
Article 26 requires that the HMRC should take action if article 25 is infringed. They refuse to do so!

Democracy for the Moroccans but not the Brits

2011-07-06T09:26:00.006+02:00

To go to the start of this blog and the INDEX click here

Friday 1st July after prayers at a mosque in Cahors (a modest provincial town in France), Moroccans resident in the locality went to vote over three days in a referendum on the Moroccan constitution. There are not that many moroccans resident in the district. No doubt this activity also was commonplace in Spain and Italy?

Extract from La Depêche, 2 juillet 2011.du Midi (Lot) [click to enlarge picture - to return, use < arrow on screen]

British citizens after 15 years have no voting powers for the British Government nor for any referenda relating to the UK. Many British citizens who have no recent connection with any UK constituency have any vote at all! Yet they may be forced to pay tax to the UK and have numerous personal links with the UK, and a deep concern with how the UK Government performs at home and abroad.

There have never been any polling stations for Britons in France!
Britons! Visit this site....
VOTES FOR EXPATS!
Discover the issues - Why you need the vote.

Taxation in France & UK

2011-06-28T12:37:00.006+02:00

To return to the start and the INDEX click here

The table below compares the income tax payable on incomes for a couple in the year 2010.

The figures assume that the couple over both over 65 years old. It assumes that they have certain expenses which attract tax abatements in France.
1. A home help costing 1600 euros/year. (50% abatement)
2. Charity support of 300 euros/year (75% abatement)
3. Subscription to a local natural history organisation of 20 euros/year (66% abatement)
These abatements amount to 1038 euros reduction of tax.

Such abatements cannot be used to reduce tax paid in the UK.
In France the total household income is assessed altogether. In the UK husband and wife are taxed separately. [One must understand that this can complicate the situation dramatically.] Here, the income is simplified as being from one source.
All these figures have been checked and confirmed by both English and French accountants. They are correct.

The columns are self-explanatory.
They demonstrate only too clearly the enormous disparity between UK and French taxation levels. At the very lowest levels the UK residents pay over £2200 more than the French.

BUT - what is exceedingly disturbing is that if we consider a British national who is a retired teacher (or police- fire service - military etc.) and who lives in France - then they pay tax to the UK on their teacher's pension [because of the imposition of the Double Taxation Convention]. Thus such a person may well pay thousands (£) more tax than an equivalent French couple. The DTC is not advantageous to British ex-government pensioners. It would far better if all income for all individual expatriates were taxable in France.

Revenue £ 2010	Revenue in € @£0.87=1€	Income Tax if resident in the U.K. in 2010	Income Tax if resident in France in 2010
24000	27586	£2285.5= 2627 €	0
25000	28735	£2585.5= 2972€	0
30000	34483	£4047 = 4652€	629€
40000	45977	£6438 = 7400€	2423€
50000	57471	£9663 = 11106€	3973€

For 2010 the income for a couple of any age with NO expenses on home helps would have to start at 17283 euros to have any possibility of having a tax bill. For a retired couple with NO home-help expenses income would have to be over 25400 euros to pay any tax.
To calculate your own taxes you may use the very simplified spreadsheet on this site. click here
Or use the much more complicated French Government site (in French) . click here

Benefits

2011-05-21T14:41:00.001+02:00

To go to the start of the blog and the INDEX click here

Attendance Allowance, Carer's Allowance, Disability Allowance

I am grateful to David Burrage (legal adviser to the Spanish Expatriate's Association for all the supporting material in this matter.

On March 17th 2011 the Advocate General of the European Court of Justice gave an opinion (as guidance to the Court - one still awaits the Court's decision) which would mean that if the UK is the competent State for the support of your social security then you can receive these benefits at any time at which you may need them, as if you were living in the UK.
The UK is your competent State if you have never earned a living under the Social Security system of France (or any other European State where you may reside). You, or someone on whom you are dependent, are likely to have paid contributions to the Social Security of the UK (National Insurance). You probably have a UK Old Age Pension.

A possible scenario... Mr. and Mrs. Smith retired to France in their late 60s, healthy. Ten years later Mr. Smith becomes incapacitated (e.g. dementia). If he had lived in the UK he would have been entitled to an Attendance Allowance. He is entitled to receive this allowance in France although he has never received it in the UK.

Until now the UK has resisted such a payment (and probably will still do so!). They have insisted that any applicant should have resided in the UK for 26 weeks in the previous year. This insistence is illegal.

David Burrage writes as follows.

"Having regard to the above, all first time claimants to any of the above benefits, provided they meet the UK's qualifying criteria, as applied to UK residents, and where the claimant's competent State is the UK, should submit a claim immediately, even though they may at first be rejected. They should then lodge a formal appeal to a tribunal, since even where we may have to wait a few months for the final decision, the clock will already have started ticking from the date they made their first claim, provided they back it up within the prescribed limitation as to time, which is within 30 days of any dis-allowance notification.

Our message must therefore be, 'Don't delay, do it today'. "

So if you are refused, request at once the procedure for appeal.

The ECJ ruling can be accessed here.***click

Winter Fuel Payment- End of the Road?

2011-05-19T11:11:00.010+02:00

To go to the start of the blog and the Index click here.

Three persons at least have petitioned the EU on the matter of non-reception of the Winter Fuel Payment.

The answer they have received (recently sent to me) can be viewed here.

You will see it is dated 3 March 2011

The EU state:--

"The documents submitted with the petitions appear to suggest that the petitioners do not meet the relevant criteria to receive the winter fuel payment in another Member State because they did not qualify for it before leaving the UK. As explained above, it is permissible under EU law for a Member State to require that a person be entitled to a benefit like winter fuel payment in the UK before he or she can export it to another Member State (Article 7 of Regulation (EC) No 883/2004). The UK rules on this point therefore comply with EU law."

It is curious that British pensioners living in Europe can obtain an Attendance Allowance 'de novo' * yet cannot similarly obtain the Winter Fuel Payment.
* (An opinion of the Advocate General of the ECJ [17 march 2011] elaborates on this - view the next posting on this opinion at the European Court - here.)
The AA is a non-contributory sickness benefit.
The WFP is a non-contributory old-age benefit.
What on earth is the difference? Neither are defined as 'special' non-contributory benefits.

It is curious that the British Government is the 'competent authority' under EU law for the support of the British Old Age Pensioner 'as though he/she were resident in the UK - I quote from Article 24 of EU Reg. 883/2004-- shall nevertheless receive such benefits for himself and the members of his family, insofar as he would be entitled thereto under the legislation of the Member State or of at least one of the Member States competent in respect of his pensions, if he resided in that Member State.'

and yet the UK fails to support the British Pensioner in the EU.

There is apparently no one in the British Government who is at all concerned about the British Pensioner in Europe. View the next posting up [MAY 21st 2011] on Benefits to see a possible future!

Calculation of French Tax

2011-05-06T11:31:00.002+02:00

To go to the start of the blog and the Index click here

The spreadsheet for the calculation of Tax in France has been updated for the tax year 2010 - taxable in 2011.
It is viewable here.

This is designed particularly to inform those British pensioners who are in receipt of a Government linked pension (ex- teachers, police, fire service, military and local government workers). It demonstrates that if you were taxed in France, then your tax load could well be less. If you need home-helps, or help with your garden or you support French based charities or organisations them you lose out because of the workings of the anglo-french double taxation convention.

WARNING - watch the UK tax codes

2011-04-14T19:45:00.001+02:00

Recently (March 2011) I received a new tax code from the HMRC.

Because I receive a teacher's pension I pay tax in the UK, (as do many thousands of others in the EU who have been in public service.).

The new tax code was clearly incorrect and might have incurred a tax bill next year of perhaps more than £1000 too much.

Almost certainly the incorrect code is due to the installation of a new PAYE computer system at HMRC.

When I phoned HMRC the 'advisor' on the line agreed with me that this was most probably the reason for the error.

If so, then many thousands of British pensioners residing beyond the UK in EU countries will be affected.

This message was sent privately to those who have written to me at the blog site. It shows the value of joining this list! Three people have so far written back to say that this error has occurred in their details and that without this warning it could have been overlooked. It is disgraceful that HMRC have made such an error.

It affects all those pensioners who should have ensured that their State OAP is taxed only in their country of residence. By so doing the State OAP should not be included in the calculation of their UK tax code. In my case the incorrect inclusion was over £5000 (the figure was incorrect as well, but there should have been no figure at all!). It would have severely increased my tax burden in the UK.

It is advisable that all pensioners who pay tax in the UK to check carefully their new tax codes.

Euro and the £

2011-04-06T19:12:00.008+02:00


Chart copied (with permission) from advfn.com

The Euro was worth about 67 pence in 2006 and May 2011 is now worth about 88 pence. This is a fall in the value of the £ of about 31%.
The British media so often informs us of the poor condition of the Euro and how Ireland, Portugal and other Euro-countries have such a bad time. Yet it seems the Euro is strong or the £ is astonishingly weak.
The British media so often tells us that inflation in the UK is soaring, yet in France we read the following [from le Canard Enchainé, a satirical publication]

Official statistics state that the purchasing power of the French has increased by 1.9%. Is it possible?

Yet in the last year..

Electricity has increased by 6.4%

Rents have increased by 12%

Train tickets by 2.4%

Petrol by 18%

Gas by 5%

Flour by 20%

Bread by 5-7% and pasta by 5-10%

Coffee by 10-20%

Chocolate by 5-7%

Edible oils by 8%

Camembert by 2-4%

Biscuits by 3-10%

How is it that one can buy goods from the UK more cheaply (including carriage) than similar items in France? In my experience in this last year we have so purchased from the UK- garden seep hose, electric fencing, walking trousers, spices, food mixer, bread machine, microwave, women's clothes [M&S].

The French Government, nevertheless, aware of inflation, has asked supermarkets to propose a basic basket of nutritional food for less than 20 euros.
The Secretary of State for Trade and Consumer matters, M. Lefebvre, signed the agreement on April 6, 2011.
Appropriate items will be indicated with a yellow basket label.

Here is the offering of Carrefour for 18 euros for four people (for two meals) or one person for a week....
- des pommes de terre (potatoes), des carottes, des courgettes et des oranges ;
- une brique (tetra-block) de jus d'orange 100 % pur jus ;
- 2 pièces de viande (meat) d'origine France : demi-longe de porc 'sans OGM' [not genetically modified], et de la basse côte de bœuf à griller ; (cheaper cuts indicated)
- 1 kg de poisson (fish) goûteux (tasty) et peu onéreux (le Pangasius) ; [Panga is a fish farmed in Vietnam and some environmental lobbyists claim it is polluted.]
- 1 baguette de pain (bread) (0,43 €) ;
- du fromage à blanc à 0 % gras (soft cheese with 0% fat).

Undoubtedly the expatriate pensioner has seen his purchasing power fall by something more than 30% [even 40%] in the last 4 to five years.

This tangle of economics is impossible to unravel and quite inexplicable.
But the tale of economic hardship from the UK is getting wearisome.

Disability Living Allowance

2011-04-06T17:38:00.000+02:00

David Burrage [Legal advisor to the Spanish Association of British Expatriates] has received correspondence from the European Commission.
You can link to David's comments and also the letter from the Commission.
It can be difficult to follow the discussion but essentially it is this.
The UK Government had posed a 26 week rule which stated that DLA recipients should have spent 26 weeks out of the last 52 within the UK to reclaim this benefit which was previously illegally removed from the recipient, perhaps some years before! The Commission make it clear that this 26/52 rule is itself illegal.
There is also debate on the 'mobility fraction' of the DLA, on which again the UK Government is wriggling.
Links (click) below..
David Burrage's note
The EU Commission's letter -the third page of this puts the situation lucidly.

It is important to understand that there are pensioners who wish to retire to Continental Europe, perhaps to join their children who have previously moved there. They may well be invalid and have received and need this support, but have found it difficult or impossible to have it continued once they have moved. This infringes the concept of 'freedom of movement' integral to the condition of Europe.

Migration of OAPS- August 2010

2011-03-24T11:48:00.007+01:00

To go to the start and the INDEX click here

The statistics of the numbers of British Old Age Pensioners in August 2010 have recently been published (March 2011). http://83.244.183.180/100pc/tabtool.html
-------------------
The numbers in France, Spain, Italy, Germany Greece and Cyprus have increased as follows.
The first figure is for May 2010, the second for August 2010. The increase and % increase is in brackets.

France 51,810 > 53,200 (+1390 --- 2.6% APR >10.4%)
Spain 99,080 > 100,540 (+1460 --- 1.4% APR >5.6%)
Italy 37,200 > 37,630 (+430 --- 1.1% APR >4.4%)
Germany 36,800 > 37,420 (+550 --- 1.4% APR >5.6%)
Cyprus 17,000 > 17160 (+160 --- 0.9% APR >3.7%)
Greece 4,890 > 5,090 (+200 --- 4.0% APR >16.0%! but figures are low and therefore not meaningful)

The % of all British OAPs that live outside of the UK is 9.37%. -- 3.4% live in Continental Europe and Ireland (i.e. Europe beyond the UK)

Click on the graph to view full size. To return click on < symbol on your screen.

Pensioners-Broken Faith

2011-03-23T09:19:00.000+01:00

The article below [written by one of the readers of this blog] reflects on the steely lack of compassion, understanding and honour amongst those who formulate rules in Whitehall. It should not be necessary for the very elderly to fight for what is, to any logical mind, obvious justice.

'The King's Speech’ War Veterans and The Big Society

by Dr.Sylvia Moore, 19 March 2011

A bound edition of the book ‘Broken Faith’ was delivered to Downing Street on 16 December 2010 by the International Consortium of British Pensioners, (ICPB) where it was presented to Pensions Minister Stephen Webb.

In ‘Broken Faith’ 104 war veterans who served across the globe in defence of His Majesty’s Government describe their service records. Yet, because they live abroad in countries where their pensions are frozen, they are among the half million pensioners denied their right to a basic state pension. The veterans were ready to return their service medals such was their feelings of betrayal. They were the men and women who responded to George VI’s famous speech broadcast on 3 September 1939, rallying British citizens at home and overseas to meet the challenge to preserve justice, peace and liberty in the face of ‘the primitive doctrine that might is right which would keep the people of the world in the bondage of fear’.

‘The King’s Speech’ was the centre piece of the recent award winning film, a budget blockbuster hitting big times with 7 Bafta awards followed by Oscar awards on 28 February 2011 for best actor, best film, best director best screenplay, but what about best war veterans alive today living in the King’s former dominions and elsewhere overseas?

Like them, best actor Colin Firth playing George VI, is a global citizen supporting many worthy causes - Survival International, fair immigration policies, eco industries; and he set up a film and political activism website, Brightwide.com along with his Italian wife film director Livia Giuggioli. His grandparents were missionaries in Asia, his parents brought up in India, his father taught history in Nigeria where Colin lived as child and he dreamed of going to the North Pole. His grandmother’s precise pre-war English diction helped him in his role to utter precisely George VI’s speech :

‘In this grave hour, perhaps the most fateful in our history, I send to every household of my peoples both at home and overseas this message spoken with the same depth of feeling for each one of you as if I were able to cross your threshold and speak to you myself…..For the sake of all that we hold dear; the hope of peace, justice and liberty, it is unthinkable that we should refuse to meet the challenge. It is to this high purpose that I now call my people at home and my people across the seas who will make our cause their own…. ready for whatever service or sacrifice it may demand.’

Just after the Oscar awards, David Cameron relaunched his Big Society on 1 March at Somerset House, London, saying that it was not a cover up for cuts though they had to be made across board. The Big Society was a new approach to further inclusive social and economic recovery whether ‘public spending was up, flat or down’. It would involve civil society organisations, more decentralisation, and more autonomy in partnership with the state to bring real power and entrepreneurship to the social sector. Will Mr Cameron include the war veterans in the Big Society and cross their thresholds with the same depth of feeling as George VI to give them back ‘all that we hold dear’? He would surely commend them as the ‘bravest of the brave’, as he said of the armed forces he sent off today to set up the no fly zone across Libya.

See p 2 ‘A veteran’s experience at Downing Street – Reflections on the Medals Campaign’

by Bernard Jackson published in JUSTICE for Expatriate British Pensioners Issue 1, 2011

For further information visit www.BritishPensions.com and contact John Markham, International Consortium of British Pensioners Director UK Parliamentary Affairs jmarkham@sympatico.ca

To return to the INDEX and beginning click here.

Action for Votes

2011-03-10T12:47:00.009+01:00

ACTION FOR VOTES to the Westminster Parliament

(updated 3rd April 2011)
Items about votes crowd in. We seem to be getting close to achieving the objective of extending the voting powers of expatriates.

In the House of Lords on 2nd March there was a debate [To change the voting arrangements for expatriates]-

to view http://lefourquet.net/Hansard H-L-2-March-11.doc This Hansard report indicates that Mark Harper MP (Forest of Dean) and Parliamentary Secretary for Political and Constitutional Reform is informed. [I am grateful to the Labour International Organisation for sending me the Hansard report - The expatriate branches of the two main political parties are collaborating on this matter.]

This is important because:-

A Government which considers itself the arbiter of the grant of the vote, is treating the 'citizen' as a 'subject' - a form of servility. Whereas the true position of Government should be as a servant of the citizens.

It is for this reason that a change in the law is an essential commencement of a change in the relationship between the British Citizen in Europe and the British Government.

The elements of the matter.

1. Mr. Harper appears to be minded to introduce a bill which will remove the 15 year cut off for expatriates (everywhere or just Europe? - we do not know, though it should be a inalienable right for all British Citizens ).

2. Incidentally to this- Mr. Harry Schindler ( a British National who now lives in Italy but fought in the army through Italy in 1944- see the links given below) sought a ruling from the European Court of Human Rights ECHR on the 15 year ruling [i.e. no franchise after 15 years abroad]. The latest information is via the link below
http://www2.bailii.org/eu/cases/ECHR/2010/2222.html

The outcome is hopefully nearing sucess.

The ECHR has requested of the UK a response to certain questions.

The weighty argument for a change has been laid out!

Mr. Schindler's story can be followed in the following links.

http://www.wantedinrome.com/articles/complete_articles.php?id_art=991

http://www.annaraccoon.com/politics/cry-god-for-harry-england-and-saint-george/

http://www.cafebabel.co.uk/article/36578/ireland-voting-abroad-expat-stories-flying-home.html

3. On 16th March there was a request for a judicial Review brought by James Preston on the same issue. It is understood that the arguments will be heard in the autumn.

http://my.telegraph.co.uk/expat/tag/judicial-review/

4. Contrary to this, there is considerable body of ignorant opinion in the UK ( and previously among MPs and Peers) which seems to imagine that we expatriates have no interest in the UK. Mr Harper would have to face this confrontation and he needs our support to confound that opinion.

5. We must give Mr. Harper all the support possible.

6. Below, I suggest a framework letter to Mr. Harper. If we do not push hard at this time, we may not get another opportunity.

7. In the House of Lords debate, it is mentioned that the UK constituency base for votes for expatriates is often not helpful to them and is a reason why some/many do not use the short term vote which they have. You may wish to develop this thought and the following in your letter.
The existing process of voting by post allows almost no time at all (one week) for the papers to arrive and then to be returned. Proxy voting is not secret and can easily be abused.

If the case is won, then other benefits may well follow:- on health costing; the freedom to move in Europe without direct or indirect restrictions on banking, investments and social security benefits; the smoothing out of double taxation rules; the standardisation of the £ versus the Euro (like Denmark, where the Krone is still the currency). One would have an MP to whom to take your concerns. You could be truly British AND truly European- eventually- if this push succeeds. Failure to take the opportunity could lead to the UK seceding from Europe if Eurosceptic attitudes persist. This little act of extending the vote is not in itself important, but in changing the outlook of fortress Britain, it is!

You yourself may not wish to vote, but a change in the law to give us the vote for life is perhaps like pushing at the political log-jam. It could bring in its wake an understanding of Europe which has been lacking in the UK. I have written various 'essays' on the UK attitude (refer to the INDEX of the blogsite). In the 1920's people retired to Bournemouth Bexhill or Blackpool. Now in 2011 the destination is often France, Spain or Italy. The continental countries are no longer foreign places. The British diaspora in Europe (and the world) is important to the policies (the interests) of Britain. British people need to be able to relocate in Europe without hindrance and to take with them the spirit of Britain and the certain understanding that we have the support of the British Government and that we can in turn relate to that Government. It should be no more difficult to retire to Montpellier today than it was to retire to Torquay in the '30s.
Today 9.73% of all British State pensioners live outside the UK. Even in the current financially difficult times in which the value of the £ has dropped more than 25%, the pensioners continue to move to the continent.

The framework letter.

Dear Mr. Harper,

I learn [from the Pensioners Debout blog site], that you are possibly minded to introduce a bill before parliament extending the vote to expatriates beyond the current 15 years, at least for those who live in the EU. It should be a natural Right, for life.

I feel strongly that this should come about.

(here is included a variety of reasons - you may well have you own list)

I am a UK pensioner.

The UK is the State responsible for our health costs because of EU laws. Health laws of the EU/UK are important to us.

Treaties involving the EU (and our country of residence in the EU) and the UK are of enormous importance to us, and yet we cannot give an opinion on them.

As an (ex-teacher/ fireman/ soldier etc) we are still British taxpayers.

The UK provides our OAP.

Our savings are through UK establishments. We have a bank account in the UK.

Our grandchildren are at school in the UK. Our children live in England and we are in almost daily communication by internet and telephone.

We are as aware through TV and the Internet of British Life as one could be in the UK

Yours sincerely....

It would be helpful to word your own letter, stating your own personal experience/reasons. I urge that one is always courteous- and as brief as possible. Mr. Harper is aware that although you are urged to write, you do so with your own conviction. Circular letters and petitions do not have an immense value.

I strongly emphasise that your support is necessary.

If you have not already done so, PLEASE WRITE an email to psmarkharper@cabinet-office.x.gsi.gov.uk

If you copy to lefourquet@gmail.com (Bcc) it would help. You can circulate this information as you wish.

You could also inform your own MP, if you have one.

An additional note - It is my view that the Consulates could be used to receive both postal votes and secure internet votes.

To return to the INDEX and start of the blog click here

Britons going home?

2011-03-06T12:35:00.000+01:00

To go to the start of the blog and the INDEX click here

The Department of Works and Pensions has produced a document to help those British Nationals who wish to return home. It has been written for those who are returning from Spain. It would also be helpful for those who are returning from France. If you read it, simply read 'France' wherever the word 'Spain' is written.

Click here to download the document.

Health in Europe

2011-03-05T11:18:00.002+01:00

To go to the start and also the INDEX click here

There is much more on this subject which can be accessed through CONCERN 1- which can be raised by going to the start of the blog under 'Concerns'.
------------
The EU Regulations which cover health are laid forth in the following regulations, which are here linked.

THE EU REGULATIONS:- The year of its formulation is given. The click note is the access point. They are all large and will take time to download.

1. The earliest EU Regulation 1408- date 1971, before the UK joined the EU in 1973. It lays down rules for Social Security. Click.

Each EU Regulation has a twin Implementing Regulation which states how the basic regulation is to be implemented.

2. Implementing Regulation for 1408-1971. 574-1972. click.

3. The above Regulation was modified, and superseded by 883- 2004. It was not brought into operation until May 1st 2010. Many ‘articles’ in the earlier regulation are copied in and some of the earlier are still operative. click

4. The implementing Regulation for number 3 above is 987-2009. click

Votes for Expatriates?

2011-03-02T12:00:00.003+01:00

To go to the start of the blog and the INDEX click here

Below is an extract from Hansard sent to me by Mr. Harper, Parliamentary Secretary for Political and Constitutional Reform and also my representative in Partliament. It appears, if opaquely, to be promising that a bill will be presented in Parliament giving votes to us - expatriates.

Do not hold your breath in waiting. Yet this indicates a move forwards. As I observed elsewhere on this site (please search via the Index) the UK is almost alone in refusing to enfranchise the British Citizen in the EU for life!

At present it ceases after 15 years. I have had a several exchanges with Mr. Harper on this matter.

You may note that unless the law is changed we who live beyond the shores of the UK will be less favoured than prisoners in the jails of the UK, some of whom will undoubtedly get the vote soon.

If you feel you can add pressure for pushing this change forward, I give you Mr. Harper's address below. I urge any correspondents to be always courteous. It is too easy to allow angry impatience to colour one's words.

Mr. Mark Harper House of Commons London, SW1A 0AA

Mr Harpers email address is:- psmarkharper@cabinet-office.x.gsi.gov.uk

It is important that you make known your feeling that we British deserve recognition. The French in the UK have votes... and the Spanish.... Poles.... Italians.... .... ....

We are overlooked in so many matters.. If we had the vote then we may be more considered.

By the way, the voting on the referendum about the Alternative Voting system is on May 5th. This is open to all expatriates who have left the UK less than 15 years ago.

Click on the extract below to view full size. To return, click the return (<) sign at the top of your screen

The Winter Fuel Payment at February 2011

2011-02-22T10:15:00.018+01:00

To go to the start of the blog and the Index click here

What is the attitude of the Conservatives?

I received this email from a reader... It speaks for itself. Mr X retired to France before 1998 and because he did not receive the WFP at that time, he does not get it now.

"I have just re-read your e-mail of the 16th January and wonder if there have been any further developments on the petition to the EU on the Winter Fuel Allowance.

As you know I feel very strongly about this, even more so as I am now nearly 86 and on Oxygen 24/24. This, coupled with the fact that I have walking difficulties, means that I am virtually housebound and our heating is on from 7am till midnight."

The 'petition' is that placed before the EU by Mr, Burrage Legal Advisor to the British Expatriates in Spain. He replies to me as below.

"Hello Brian,

The wheels in Brussels often move very slowly and I am still awaiting a response from the Committee on Petitions and such responses can take up to 2 years or more.

You will be the first to learn of that final response. Also it will be posted onto our website.

I believe I have previously forwarded a reply I received from William Hague when leader of the opposition in 2001. I suspect that if we remind him of his pledge, he will defend himself by declaring that (a) He is no longer the leader of his party and (b) We do not have a conservative government, but a coalition."

The letter from William Hague is below. You may like to write to him and give him your views?

Click on the partial image of the letter to view the full image. To return click on the return arrow on your screen.

Attendance Allowance

2011-01-28T18:08:00.000+01:00

To go to the beginning of the blog and the INDEX, click here

The letter below was sent by a widow (The name is not given because all correspondence receives anonymity on this site).

If one reads behind the words, we see an elderly couple trying to achieve some peace in France in their last years. The husband is ill and needs constant care. His wife wants to help. In the UK they had some extra cash from an Attendance Allowance. Immediately they left, this allowance was stopped. Probably they did not even think that such stoppage was possible. They knew that within the EU all movement should be without hindrance. They probably thought that the care and support for which the UK has responsibility under EU law would follow them. It didn't and it still doesn't (consider Healthcare!). The UK has a responsibility for the social care of all its retired citizens across Europe, but is reluctant to accept it.

The situation in this case (AA benefits) is that only by being taken through the European Court of Justice has the UK been forced to show a responsibility towards its aged citizens. The ECJ judgement was made in October 2007. The UK has been forced to pay arrears of such benefits but STILL they will not pay back to the point of departure, but only to the date of the judgement.

Roger Gale MP is the only politician (as far as I know) who is fighting for the correct attitude on the part of the Government. Does any other politician care?

At this time no politician has the specific responsibility to stand up for the interests and welfare of the British Citizen in Europe.

Dear Sir,
I found your blog on the internet after looking up exportability of benefits. I am just writing to ask if you have any knowledge whether anybody has successfully won an appeal to have their Attendance Allowance reinstated from before 2007? When my husband and I move to France in 2005 they immediately stopped his AA. They have just paid from Oct 2007 until he died in April 2008, but will not pay what he was entitled to (and that they stopped) from when we moved to France.

I am sorry to email out of the blue but I really don't know where else to enquire for help and I know my husband would have wanted them to pay for what he was legally entitled to. I don't know whether to just give up fighting them now.
Kindest Regards,

I replied telling the lady of the history, and also informed Mr. Gale.

New Directive on Cross-Border Healthcare

2011-01-25T11:46:00.004+01:00

To go to the Start and the Index click here

January 2011.

There are unfortunate differences between the Draft of this Directive published in 2008 and the latest version published very recently in 2011. The new Directive will be operative in 2013.

The devil in the detail is the definition of ‘State of Affiliation’. I quote it here in full. All the heavy print has been added in the recent version and seriously undermines the position of the expatriate in France.

"Member State of affiliation" means the Member State where the patient is an insured person or the Member State where the patient resides if this Member State is not the same as the former.

Where, due to the application of Regulation (EEC) No 1408/71 and Regulation (EC) No 883/2004 respectively, the health insurance body in the Member State of residence of the patient is responsible for the provision of benefits in accordance with the legislation of that state, then that Member State is regarded as the Member State of affiliation for the purposes of this Directive;

This is bad news for British expatriates in France. It means that for this particular Directive then the Social Security of France is supposed to be our effective healthcare cost provider.

The situation becomes ridiculous! I explain step by step – this is for OAPS retired to France.
1. The UK is our State of Social Security Insurance.
2. If we visit the UK we get full health cover costs for medical treatment.
3. The UK provides us with an EHIC (European Health Insurance Card). If one journeyed to Spain then the UK covers us fully for health costs. In other countries it is likely to be variable. [The latter - A contentious point.]
4. The UK pays France for our health care…. The % amount is on the whole questionable. Up to now it has been at the French rate to a French insured person- usually about 80%, but a complicated calculation.

5. If British resident OAPs visit France on holiday and get treatment on the back of the EHIC, they are likely to be charged as though they were a French insured person.

6. If British resident OAPs visit France specifically for health care – then under this Directive they get treatment at the cost at which it would be provided in the UK! i.e 100% of approved costs.
-----------------------------
In my view this absurdity comes about because no-one in the British parliament or Civil Service has any interest at all in the British citizens resident in Europe.
There are inherent inconsistencies in the new Directive to which, I suspect, no British official or politician has given any thought at all. Which British official has the responsibility of vetting these things? None I fear. What MEP even understands that for which they vote?

However I await replies to my representations to the EU parliamentary committee on petitions.
This posting could need revision in due course.

Two Year Review January 2011

2011-01-23T07:35:00.003+01:00

To go to the start and the INDEX click here.

After two years, I had hoped to shut the blogsite at Christmas 2010. A fraction of my energies is spent on these political things, but even that fraction wears the spirit. But yet, one should never surrender!

Like so many before me I get dispirited by the intransigence of the bureaucracy; and the apparent deafness of politicians.

I thank all those who correspond. This encouragement is necessary.

Whether any major changes will arise as a consequence of the blog - I cannot say. I continue, but true old age approaches and beyond eighty Natural History will command my greatest interest.

I review the last two years.

1. The Double Taxation Convention. I am still in correspondence with Her Majesty's Revenue and Customs

I have demonstrated that if my teachers' pension was taxed in France and not in the UK I would pay no tax. The big gripe is that rebates available against French tax, cannot be used because all one's income tax goes to the UK. My wife and I need home help aid. 50% of the cost is recoverable from one's French tax bill. Our French income tax is nil. This year the unusable rebate will amount to more than 1,000 euros. The saving, if fairness prevailed, is considerable.

2. Representation to Parliament. I have written again this January to my MP (this relationship ceases in two years) who is also [note well] Minister for Political and Constitutional Reform. I have also rewritten to the Foreign and Commonwealth Office. My letter of Sept. 23rd to the FCO [David Lidington] was never answered. It included a dossier of instances from readers who had reported short shrift from their reputed MPs.

This representation, I suspect, is the root need for the British pensioner in Europe. If the politicians had to consult us, perhaps they would not ignore us. Most British Citizens in Europe do not however use such voting rights as they may have. Many have no-one at all to whom to turn as a political/social representative of their interests in the UK.

It is not apparent that there exists a politician with a statesmanlike attitude to stand up for the British Citizen in Europe. One could argue for a Commission to review the status of the British Citizen in Europe. I have made such a suggestion. Britain is in this matter the most un-democratic of all the major nations in Europe. Only the Irish fare worse.

The Chart of Voting positions across Europe here linked was recently sent to me by a reader. http://lefourquet.net/CHARTEUvotes.pdf

The British Pensioner in Europe represents the best of British Culture. We are good ambassadors for Britain, but the British Government does not see this. The deplorable 15 year cut-off is an insult to the elderly British Citizen in Europe.

3. The matter of costing for Health. This seems to me to be the most unfair issue for the elderly British Citizen who has retired to France. I deal with it at length.

I had written in October to the EU Parliamentary Committee on Petitions. It is unfortunate that in that European 'confusion' of bureaucrats, my submission papers were misfiled and I have needed, in effect, to start over again. I repeated my plea in December. [p.s. I have learned that it is being re-examined - However on January 19th a new Directive was approved by the EU parliament on Cross-Border Health Care - a new posting on this this will follow.]

The argument here hinges on the interpretation of Article 17 of the current EU regulation 883/2004 which came into force on May 1st 2010.. It reads..

"An insured person or members of his family who reside in a Member State other than the competent Member State shall receive in the Member State of residence benefits in kind provided, on behalf of the competent institution, by the institution of the place of residence, in accordance with the provisions of the legislation it applies, as though they were insured under the said legislation."

OK? so far.. i.e one's health treatment is the same as a that given to a French national.

Then again Article 24 states "shall nevertheless receive such benefits for himself and the members of his family, insofar as he would be entitled thereto under the legislation of the Member State .. competent in respect of his pensions, if he resided in that Member State." i.e. the pensioner should receive treatment as though he was living in the UK.

Article 24 clause 2 says that the costs will be borne by the 'competent State' -- i.e. the UK.

None of this mentions the level of costing! How much! Note well that quite a few French people obtain 100% cover of State approved costs if their circumstances warrant it. The amount you pay depends on your circumstances. The circumstances of the British pensioners is that they are covered for Social Security by the British State. This is indeed a fact under EU law. Should they not get 100% cover as well as they would in the UK? I have clearly demonstrated that France has demanded payment from Britain for the health costs of the British pensioners in the past years far in excess of that that demanded by Spain and Italy where health cover is for the pensioner 100%. It even costs the UK far more to pay France for our 60%-80% cover, than it costs to give pensioners 100% cover in the UK. My detailed study of this was presented to the Dept. of Health. It was not, it seems, even read. [At least with full understanding'] You can find my material elsewhere on this blog site -Concern 1 - Health.

Or.... You may read the report here.....http://lefourquet.net/Healthcosts.doc

Then again, Article 35 of 883/2004 states "The benefits in kind provided by the institution of a Member State on behalf of the institution of another Member State under this Chapter shall give rise to full reimbursement."

Another Article (62) in another 'implementing Regulation' 987/2009 states "For the purposes of applying Article 35 and Article 41 of the basic Regulation, the actual amount of the expenses for benefits in kind, as shown in the accounts of the institution that provided them, shall be reimbursed to that institution by the competent institution..." The competent institution is the Dept. of Health - i.e. the NHS.

I add --- The French State has recently declared that it will in future ask for the 'actual' charge.... Humph. Well?

As you well know, a British Pensioner couple in France normally finds their medical bills exceeding 1400 euros a year for a top-up insurance. [I was told of one couple paying 3,000 euros in insurance. It increases with age!] -

On all this I have petitioned the EU. I fear for another let down. Yet - miracles can happen.

[ Concerning the French Hospitals; the French Government appears to be on course to privatise all of them. Further, as you know the costs of medicines and treatments is increasingly being transferred to the patient and thus increasing the costs of mutuelle insurance. All this exacerbates the problems for the British expatriate pensioner. A French based petition exists to sign. http://www.petition-mdhp.fr Please do.]

4. The Winter Fuel Payment is relatively speaking a minor issue, but important to those who do not get it, and are on low incomes largely as a result of the 25% fall in value of the £. It may be a silly payment but it should be fairly implemented. Follow the 'postings' on this. David Burrage in Spain (I am in regular contact) is pursuing this matter through a petition to the EU. He has shown that it is by definition an 'old-age benefit' issued that the competent State (i.e. the UK) and the UK should not prevent its provision within Europe to all those British pensioners who would receive it, were they to reside in the UK.

5. Banking. That the UK Banking system is not freely accessible to all British Citizens in the EU could potentially create a very difficult situation for some of us. One hits a blank wall of interest. If your UK bank disappears or you have good reason to change - then you are unlikely to be able to open an account with another Bank. It is the Banks which set this ruling - not the law. I contacted the British Banking Association without any response. The Treasury recognises the problem but no legal move is made to make it make it illegal for Banks to refuse an account to a British Citizen in Europe solely on grounds of not being resident in the UK.

6. Payment of benefits (Attendance Allowance, Carers Allowance, and Disability) . Here is some success and has largely succeeded, though not yet quite. The pushing has been done by quite a few others, not least by one Conservative MP fighting for one of his constituents in France! Well done. (Roger Gale M.P. for N. Thanet) . I remark on the intransigence of the Civil Servants, who devised obstacles to the payments [the infamous 26/52 week clause] to prevent payments to those who most certainly deserve them. In effect the EU law came to the rescue.

All the people at the addresses below probably find my correspondence tedious. I doubt that I will win any of these battles fighting alone. The arguments are valid whether one or many people campaign. But it helps if others actively fight as well. Otherwise those to whom I write might well imagine that no one else is bothered.

If you are moved to write to anyone feel free. Personal letters are so much more effective. I can produce some guidelines but every person has a different experience. You could be quite brief - stating you have read the blog and followed the relevant arguments and that you support them. Three sentences! You can copy anything I have published including material from this posting. It is important to be polite, though I admit to losing my cool from time to time, especially with the Dept. of Health (because I could never contact anyone with a power of decision - I only had contact with a civil servant of whatever rank). The people to whom you write are at heart ordinary people and one should try to win them over, not raise their hackles.

Nevertheless, any replies are likely to be disappointing. The civil servants just quote the accepted rules (as seen in the UK!) back to you. Politicians refer you to the civil servants who quote the accepted procedure back to you. If you write to a senior politician they pass your material (if indeed they ever see it) to a c.s. unread. the c.s doesn't read/understand it either and just quotes etc (e,g, the Dept of Health.).

The British based politicians and civil servants are exceedingly reluctant to consider changing the law or to accept EU law. Eventually the laws will have to be changed or else Britain perhaps leaves the EU.

The British media are not interested in Europe and even less in the Britons in Europe, unless they can cast a gripe at those who are spongers on the systems, and thus set the minds of politicians, and the British public against those like us who dare to cross the shores of Britain into the wider Europe. We all trust the British Government to assist the elderly British Citizen to live and move freely in Europe; and to be a worthy citizen in Europe. But can we?

(send me a note if you write - see front page)

Addresses:---

Your MP - If you have one... The House of Commons, London, SW1A 0AA.

Mr. Mark Harper, Minister for Political and Constitutional Reform, the House of Commons, London, SW1A 0AA. Email harperm@parliament.uk

Mr. R. Thomas [Tax Treaty Team] HMRC 100 Parliament Street, London, SW1A 2BQ- - Email address richard.thomas1@hmrc.gsi.gov.uk

Mr. David Lidington MP Minister of State, Foreign and Commonwealth Office, London SW1A 2AH

Dept of Health (Andrew Lansley Secr of State) Richmond House, 79 Whitehall, London SW1A, 2NS

To send a personal petition to the EU [more info on the Blog] write to:--

The President, European Parliament, (Committee on Petitions), The Secretariat, Rue Wiertz, B-1047, Brussels. For more information I give a link below.

http://www.europarl.europa.eu/parliament/public/staticDisplay.do?id=49

The EU law is our hope. The British law, so far as it concerns the elderly Briton in Europe, is unsuited to the changing political/demographic scene in Europe. The British Government could do much. It should be 'at the heart of Europe' and it should ensure that the British citizen is not left out in the cold. But year upon year the successive Governments sit on the fence.

The blog will continue, if less intensively. Who knows! miracles can happen.

Voting in the EU

2011-01-11T11:53:00.003+01:00

To go to the Index and beginning click here.

A reader has passed on to me the following important analysis of the legal voting positions of Citizens across the EU.
It was derived from the following IRISH site...
http://www.globalirish.ie/2010/emigrant-voting-rights-a-study-of-eu-nations/

This Chart of the Legal position on voting throughout Europe is linked below.

It demonstrates so well the bad political position of British Citizens in Europe.

Only Irish citizens are treated worse. Thus the above reference!
The Danish perhaps also get a raw deal.

Even Greece who allows no voting facility for nationals in the wider EU has advisory committees to look after their interests.
The British after 15 years have no vote at all. The Irish have no vote- ever.
This matter should be of great concern to every British and Irish Citizen in Europe

Click here to view the CHART.

Strains across Europe.

2010-12-28T09:34:00.000+01:00

To go to the start of the blog and the Index, click here

Sometimes I think of Europe as a cat's cradle of elastic bands, with each country (indeed each person) at the junctions of the bands. The elastic bands are tensioned with political, social and financial forces. The political forces of each nation are largely contrived and energised by people in power, which includes the higher echelon of 'civil servants'. Change is not in their interest. Power feeds their spirits; their forces repulse the others. The social forces of Europe, that is to say the people who oddly enough elect the politicians, nevertheless attract each other whilst the financial forces can twang the other forces and may well arise from powers beyond Europe.

The unfortunate Briton in Europe has little, and most usually no, political power. He is forbidden to vote after 15 years outside of his native land. Socially, he binds with his community of residence but yet retains strong bonds with his fellow countrymen and family at 'home'. Financially his income (if he is retired) comes from his native land and he may well be taxed there as well as in his land of residence. He may spend his money in several countries. When he dies, his inheritance is likely to be in confusion.

It would seem that in the nascent power house of Europe someone thinks on these things.
Eventually some cross-nation sense will need to arise, otherwise the three forces will cause such strains that the whole cat's cradle collapses.
The nations must have taxes but across Europe taxation is an unholy mess. This has also contributed to tensioning this cat's cradle of nations. The social forces pull against the political forces, and the external financial forces, as has recently been demonstrated is twanging the elastic bands of the PIGS [Portugal, Ireland, Greece and Spain] nations and also Britain.
The linked document published on 20 December 2010 on Cross Border Taxation (click here to view) by the EU outlines the mess.
This blog has elsewhere demonstrated the unfairness of the Double Taxation Treaty between France and the UK. The document surveys this as well as many other points.

How the British Government treats its citizens abroad!

2010-12-23T09:41:00.002+01:00

To go to the Index and beginning of the blog click here

The email below sent to the blog, displays the frustration ON THREE COUNTS OF a world weary aging lady.

"It is sods law. I did several years back tried to get a new bank account in the UK as I was not happy with Barclays. I tried HSBC, Co-op, and Nationwide. All of these I have had accounts with. [ 1. Cannot open a bank account in the UK]

I was told that 'you can not open an account without a UK address’, by all of them.

I was astounded as my brother in law had his accounts in Ireland when he lived in the UK and the reverse when he moved to Ireland. It was so long ago I threw the paperwork.

The MP for my old UK constituency is Desmond Swayne.

I don’t suppose he's much interested as I do not live in the UK and cannot vote as I left in 1987. [2. Cannot get proper representation – NO VOTE!]

I find it amazing actually that here, in my immediate area, there are people who get the WFP.

I was told I could not get it.

Funny thing is that the people who do get it, do not have to survive just on the state pension!!!!! [3. NO justice over the WINTER FUEL PAYMENT!]

My bank here previously told me that if I brought my money in by direct debit; I would have no charges.

This turned out to be untrue. One has to have your pension sent direct to your bank here to have no charges. BUT my pension is not enough. You have to have £400 to qualify (per month)

They get you every which way!!!"

Is it not utterly deplorable that the British Government allows this to come about, connives at such disregard for, treats so – an ageing British citizen within EUROPE!

(Gordon Brown - had he a conscience? David Cameron - do you care?)

Information - Addresses & Statistics

2010-12-20T08:07:00.003+01:00

Statistics of British Old Age Pensioners resident in the EU beyond the UK
(updated for 2009)
Graph of numbers of OAPs moving to Europe since 1973 year by year.

Addresses of politicians (including one French) to whom you can write. (click)

Media Outlets that have given space to this blog (click)

Bank Accounts

2010-12-10T12:16:00.001+01:00

A correspondent has drawn attention to the following link.
http://www.moneysavingexpert.com/

This ‘forum’ location deals with money matters and it has the headline that if you can, in 50 words, state some improvement in money matters for the British Consumer then the three leaders of the main British political parties have promised to consider such proposals.

I have written the following:-

“It should be illegal for any UK based financial institution to refuse to open an account for any British Citizen resident in the European Economic Area on the basis of non-residence in the UK.

The banks impose this restriction giving problems for expatriate pensioners dependent on income in sterling.”

It would be possible for anyone else to add some proposals relating for example to the non-payment of the Winter Fuel Payment to certain expatriates, or to question a review of the payment for health costs for expatriates, or a review of the Double Taxation Convention with France. I fear all these are complicated matters, but it might draw the attention of the politicians to these issues – maybe.

The topic I raise here has been raised before several times. [See Concern 1 via the Index.] Briefly.. British banks will not open an account for you if you do not live in the UK. If you need an account, as you almost certainly do if your income originates in the UK then you are ‘up a gum tree’. It could be that your existing bank has gone bust or it is non-competitive - and therefore you need one!

On a related but somewhat different matter, I have recently been informed that Lloyds TSB wishes to close Bank of Scotland offshore accounts in Jersey. This is a cussed bind for those who have such accounts. It makes movement of monies between on-shore and offshore accounts more tiresome. One may wish to change all accounts to another bank to smooth this procedure. You would not be able to do this because the UK based banks will not open an UK based account for non-residents.

Further, it is not easy for British citizens returning to the UK to open a fully functional account because they cannot demonstrate that they have been resident for some length of time. This even happened to an ex-bank manager!

Equitable Life Speech

2010-12-02T13:12:00.002+01:00

Paul Braithwaite, a leading activist in the campaign to get adequate compensation from the British Government for all the people who invested in Equitable Life gave a speech to the Petitions Committee of the EU parliament on the 1st December 2010.
This speech can be read via this link (click here) .
The Response by the EU petition committee is heartening. Read it here.
It spells out the whole sorry saga. That is - that the British Financial Regulatory system and the Treasury failed the investors, and of the sorry saga of Government dragging its heels ever since.
I share this disappointment over the performance of the Government and Whitehall departments. For over a year I have been promised an answer to my arguments that the Interpretation of Double Taxation Convention between France and the UK is against the interest of the British pensioner in France who happens to be in receipt of a Government pension. Indeed Article 25 of the Convention is contravened because the British citizen is not treated with the fairness shown to a French national in the same circumstances. I receive no answer in spite of successive emails to the HMRC requesting one.

Cold Weather in November

2010-11-29T14:57:00.006+01:00

To go to the start and the indices click here

The cold weather in November in the UK possibly may once again give rise to the opinion that it is so much warmer in France and it is not warranted for pensioners in France to receive the Winter Fuel Payment.
[note added December 10th 2010... On 9th December 8,000 people in vehicles were stranded in snow in the suburb of Paris called Vezily. Large establishments and gyms were opened to shelter them overnight.]

[Note added December 18th - copied from France Meteo.]

Peut-il neiger sur les côtes méditerranéennes? Absolument. Contrairement aux idées reçues, la neige n'est pas rare en région méditerranéenne. On relève 25 épisodes majeurs sur 32 hivers (1970-71 à 2001-2002) avec une hauteur de neige au sol supérieure à 10 cm à basse altitude sur le Languedoc-Roussillon et Provence-Alpes-Côte d'Azur. On a également enregistré des hauteurs de neige au sol supérieures à 50 cm à moins de 500 m d'altitude en 1970, 1981, 1986, 1992 et 2001.
La neige, souvent de type mouillée dans ces régions, peut ainsi paralyser ces départements peu acclimatés. Le mistral favorise de plus la formation de congères, catastrophiques pour le réseau routier.

Part translation - Can it snow on the Mediterranean coast? Absolutely. Contrary to received ideas, snow is not rare.. There were 25 episodes in 32 winters (1970-71 to 2001-2002) with depths of snow above 10cm... There were depths of snow above 50 cm below 500 metres in 1970,1981,1986,1992, and 2002.
The soft snow can paralyse these departments less used to it. The mistral can cause snowdrifts catastrophic for the lorry routes.
*************************

Facts:--

On November 29th 2010 in the area of Cahors it was about 2 degrees and the overnight temperature was minus 2. Periods of cold and snow also occur in November in France. Some of the figures below would be normal for December and January to February, but not for November. Near Cahors it is normally about minus 8 at nights just before Christmas. Below is a translation from the French official Meteorology site.
-------------------------------

Episodes of snow at low altitudes with freezing temperatures are not exceptional in November, notably during the last ten days of the month. They arrive often enough.

Exceptional winter episodes occurring in France in November in the last 30 years:

-- from 24th to 27th November 2005 : 15 cm of snow at Grenoble and Maubeuge, 5 cm at Saint-Quentin (02) and 2 cm at Nantes (both November records). It was minus 11°C at Grenoble on the 27th.
-- 20th November 1999 : snow abundant in Provence. There was 23 cm at Montélimar, 15 cm at Aix-en-Provence, 23 cm at Orange.
-- November 1998 : Extreme cold occurred this month and made it the third coldest November since 1890. On the 23rd, it was minus14°C at Epinal, minus13°C at Nancy, minus12°C at Reims, minus10°C at Strasbourg, minus 8°C at Rouen. Some centimeters of snow covered the lower areas of Lorraine to about 20 cms.
-- November 1996 : 20 cm at Besançon, 8cm at Auxerre, 95 cm at Bourg-Saint-Maurice (73).
-- November 1993 : The second coldest month of November since 1980. There was minus12°C at Clermont-Ferrand on the 23rd and a maximum of minus 4°C at Bourges on the 22nd. An episode of snow and of freezing rain in the North : 7 cm fell at Dunkerque (record in November).
-- November 1988 : it snowed on the Côte d'Azur and also at Boulogne-sur-Mer (15cm) and at Touquand (10 cm). It was minus 10°C at Mont-de-Marsan, minus 8°C at Toulouse and St-Nazaire, minus 7°C at Bordeaux.
-- end of November 1987 : snow to the North-East and on the Auvergne. 7 cm at Château-Chinon (58)on the 25th.
-- November 1985 : the coldest month of November ever recorded, practically no region was spared the snow. On the 24th 15 cm fell at Cherbourg, 12 cm at Strasbourg (record in November), 6 cm at Poitiers, 1 cm at Carcassonne and at Bordeaux.
-- end November 1982 : Snow periods in the Auvergne. 41 cm were measured at Saint-Andienne (42) which was a record for the month of November.
-- fin November 1981 : Snowy period in the Auvergne, to the north of the Alps and up to the North-East giving 30 cm at Bourg- Saint- Maurice on the 30th and some centimeters in the lower areas to the North-East.

A comparison of the climate of Toulouse and London is viewable via the following link. It shows that Toulouse has slightly lower night-time temperatures in December and January, although day time winter temperatures are slightly higher.
click here to view.

Health Care in Europe

2010-11-03T09:36:00.001+01:00

To go to the Index and beginning of the blog click here

On the 27th October 2010 the European Parliament voted to ease the way for a more unified system of health care costing across Europe. I quote from the EU announcement.. "The new rules would especially help retirees living abroad, people with rare diseases and those living near borders to get the best health care. Currently, only about 1%, or €10 billion, of public health budgets are spent on cross-border health care yearly, although that figure could rise with standardised rules for authorisation and reimbursement."
"

To read the full announcement click on the following item

European Parliament votes on Health Care rules

It would seem that the matter is not finally agreed until next June.

Last May 1st there were new Regulations which came into force which appear to make it necessary for British expatriate pensioners to have their health costs fully paid 100% by the UK NHS. The UK [your home country] is under European Law the 'competent State' for the health care support of all those persons who are the titular holder of an 'S1' or 'E121'. If you receive a full Old Age Pension from the UK it is desirable that you ensure that the DWP in Newcastle recognise that you have this cover, and that the CPAM in France are aware of your possession of such a cover.
I quote again from the announcement " Under the proposal, patients are to be reimbursed up to the level they would have received in their home country."

The EU Regulations are not straightforward and I fear the UK Whitehall bureaucracy does not aid the expatriates.

If the pensioner expatriate does possess the entitlement of an S1-or E121- then under these new rules it seems very likely that the NHS will pick up the whole cost of approved treatment. If you are not entitled then the situation is confused and you may need to maintain a full mutuelle cover. We need anyway, further information.

Brits who go home. What do they find?

2010-11-01T10:59:00.002+01:00

To go to the start of the blog and the Index - click here

The information in the item below is largely borrowed from the newspaper – The French Week of Oct 29- Nov 4 - 2010.

The paper had asked British people who had returned to the UK for their experiences about what they found when they arrived. Here are some extracts:-

‘A common problem is lack of proof of residence. Many doors do not open until one has utility bills, or other proof for the required length of time, even up to two years in some cases.’

A retired bank manager (a touch of irony here) could not easily open a bank account in England. He had kept a sterling account in Jersey but that bank would not transfer this account to England! ‘We have tried to open a normal current account with a high street bank in our home town but this was refused as we have to be on the electoral role for two years before we could be allowed a bank guarantee card.’

‘One or two financial institutions did not take lump sum investments from us unless we had a UK address for at least a year.’

It takes time to exchange the driver’s licence. ‘I did eventually manage to exchange my French driving licence back to the UK , partly as I had kept a photocopy of the old UK one with my driver number.’

Another writer says that she was not allowed to open an ISA or any other special investments because she had been living in France.

Insuring a car in the UK was also a problem. ‘None of the companies would take our French no-claims record into account’.

None of the contacts found that getting back into the NHS was a problem.

The reasons why the Britons returned were various. The lack of money because of the fall in the value of the £ was at the heart of many. The French removal of health cover in 2007 for young retirees, promoted many a move.

----

These are all matters which have been raised in this blogsite. Almost certainly many infringe the ‘right of free movement’ within the European Union.

Many of us, myself included, know how easy it is to open a bank account in France. I did so myself before being resident here. It was very easy to change my driving licence to a French one, and the French accepted the no-claims record in England.

Britain should change the law to remove these hidden discriminations against British Citizens returning to live in Britain.
This blog has long campaigned for political recognition of the needs of British expatriates in Europe. That is to say, we need some kind of Minister for British European residents.

-----

The French Week newspaper has unfortunately folded. It had an excellent digest of French political and social affairs and items of interest to British residents in France. (Note added February 2011)

The Strange Case of M. Chollet

2010-10-29T17:17:00.001+02:00

To go to the start of the blog and the Index, click here

Those who follow this blog site will be aware that recently I wrote and soon after scrapped the story of Monsieur Chollet. Why? How I wish that one could have a civilised dialogue with the Department of Health! We really do need a Minister for the Expatriate in Europe. There is no-one to whom one can turn in the British Government to discuss our problems. We are sidestepped and ignored. The case of M. Chollet has been placed before the European Court of Justice ever since 2006.

The case has some bizarre features. M. Chollet is a French citizen who was resident in Spain and therefore came under the Spanish regulations relating to Health Care. He was entitled to 100% of the cost in Spain. He went on holiday to France and fell ill. In France the CPAM charged him approximately 20% of the cost of treatment. M. Chollet considered that this went against the principle of free movement and petitioned the European Commission.

The EC eventually took the matter to the European Court of Justice [ECJ]. In February 2010 the Advocate General (M. Mengozzi) gave an opinion in favour of the EC (and M. Chollet) against Spain.

Spain sought the support of the UK, Belgium, Finland and Denmark in this matter. This was my state of knowledge until recently. I had stated this case with the Department of Health [one cannot discuss!] and their reply gave me no indication that anything else had occurred. Unfortunately I have learned that the case has changed again. It is the normal circumstance that the Advocate General’s opinion is accepted in a full hearing of the ECJ. He is, after all, a learned judge of high reputation. I have recently received the account of the full hearing of the ECJ which happened in June. Once again, the Governments of the UK, Belgium, Finland and Denmark have intervened. This time the decision was reversed. The Advocate General’s opinion was rejected and the European Commission lost the case.

Why is this important? If the original opinion of M. Mengozzi were upheld then the health costs of all British Citizens visiting France would have been paid 100%. By extension one might suppose the situation of British residents in France whose competent State for health care is the UK, would have improved.

The Future? The above case was brought under the EU Regulation 1408/1971. Since then in May 2010 the Regulations have changed. This gives us hope.

The new Regulation 883/2004 seems to indicate a much stronger support in health care for pensioners who are titular holders of the form S1 (E121). It would seem that the European Commission are inclined to support our needs. But there remain difficulties which one suspects the UK Government will make sure are brought to the fore.

The above indicates the power of the State against the individual. We pensioners have, after 15 years non-residence in the UK, no democratic say at all in the way the British Government acts. It acts in its own interest, not in the interest of the citizen. We citizens in Europe are profoundly affected by treaties and discussions held in our name, but cannot ourselves intervene in such discussions in any manner whatsoever. There is no-one to represent us! Unless it is the EU! Few are interested in us.

The UK Government [Whitehall?] seems to imagine that if it had to pay 100% of the health care costs in France for us, that a bottomless pit of costs would open. This is just not true. But it seems that it is impossible to argue the case with any informed person in Whitehall.

One remains frustrated and ignored.

Weird World of Government Pensions

2010-10-09T12:58:00.004+02:00

To go to the Index and start of the blog click here.

DOUBLE TAXATION MYSTERY.

Her Majesty’s Revenue and Customs [HMRC] have this October published ‘A digest of Double Taxation Agreements [DTAs].’

http://www.hmrc.gov.uk/cnr/dtdigest.pdf

There is also a link to guidance on whether a particular pension is treated as being a ‘Government’ type pension in the HM Revenue & Customs International Manual. This is available at :--

http://www.hmrc.gov.uk/manuals/intmanual/INTM343040.htm

The reading of these documents gives rise to several mysteries.

In relation to the DTA France/UK, we read under the column concerning Government Pensions that ‘full relief’ from taxation is available. This would mean full relief from taxation in France of this revenue for British Citizens resident in France. To this statement is attached a ‘Note’ . This note reads ‘Under new treaty, for income paid on or after 6 April 2010. No relief prior to that date.’

This is a mystery! Pensioners receiving a Government Pension (Teachers, Police, Firemen etc.) have had relief from French taxation for years. However, in a certain sense it has not been ‘full relief’. One has had to declare this revenue on the tax forms. This has affected any tax or relief (fairly or not!) on any other revenue, including the Old Age Pension which is taxable in France, by indicating a threshold of world-wide income. Thus the note seems odd. Have I missed something?

A new DTA did come into operation this year. I have both the old and the new and cannot see any material difference between them with respect to Government Pensions. I have written to HMRC asking what has materially changed on April 6th 2010. If the declaration of this tax on the French tax forms has changed, then this would bring France into alignment with the situation in Spain and indeed it would be a very important change.

Concerning Government Pensions. Perusal of the second document shows some weird bureaucratic situations. NHS pensions are largely deemed to be ‘non-government’ pensions.

But if an NHS pensioner moved to Germany it becomes a ‘government’ pension.

A policeman's or a fireman’s UK pension in France is a ‘UK government’ pension. In Greece , Israel and quite a few other odd countries it is deemed a ‘non-government pension'!

One also notes that this table of information is a good deal out of date, since it refers to ‘Yugoslavia’! But no doubt it is still ‘legal’!

Minister for European British Expatriates

2010-09-24T11:14:00.002+02:00

To go to the index and beginning of this blog click here

Correspondence with the Foreign and Commonwealth Office (FCO) has been continuing.
Their reply to this this blog has been quite inadequate.
A long letter constructed after much thought was been posted by normal mail to David Lidington of the FCO and copied to Mark Harper MP Minister for Political and Constitutional Reform. Mark Harper is also my own representative in Parliament. The letter is long but can be viewed here - click.
(postscript) This letter had attached to it representations from expatriates relating to the manner in which they had been snubbed by British Members of Parliament.
This letter has not been answered nor even acknowledged. This was drawn to the attention of my own MP again, Still, it receives no answer (April 2011).

This correspondence is running parallel with that concerning health costs for pensioner expatriates in France to the Department of Health. q.v. here

Your comments on these matters are welcome
email francepensions@orange.fr

Health Costs (3) The legal position

2010-09-06T12:36:00.026+02:00

To go to INDEX and the introduction to the blog click here

British Old Age Pensioners living in France should find the following correspondence on Health Costs interesting.

Here is the exchange of correspondence in August between 'Pensioners Debout' and the Department of Health London.

1, Letter from Pensioners Debout to DoH August 20th 2010.
view here. This letter is of major significance.
It states the full significance of European law which appears to make payments to 'mutuelles' in France unnecessary.
2. The above was in reply to a letter from the DoH of August 6th.
view here.

You should understand that this correspondence is likely to go on for some time and could involve the EU Commission and even the European Court of Justice. Clearly it is necessary that able legally trained people should pay attention to it. It is probably beyond the competence of the junior civil servants of the DoH to tackle it.

An instance like this demonstrates the necessity for a Minister for the British Citizen in Europe and for the ordinary citizen to exercise their political voice. Correspondence on this subject can be viewed via this link!

Restoration of Benefits (DLA,AA,CA)

2010-08-26T11:56:00.000+02:00

To go to INDEX and beginning of the blog click here

A letter has been received by David Burrage, legal advisor to the Association of British Expatriates in Spain, who is an expert in European Law, from the EU Commission on the subject of the repayment of suspended benefits – Disability Living Allowance, Attendance Allowance and Carers Allowance.

Some people, entitled to one or other of these allowances, have had them discontinued when they emigrated from the UK to another EEA country. After a legal battle the UK had consented to pay these allowances back to October 2007.

Now the EU has said that they should be paid in arrears back to the time of departure from the UK.

Those who appealed against this suspension of benefit have the right to have this earlier disallowed decision set aside and remade, with an entitlement to a full recover of your benefit from the day following its withdrawal.

The final part of the letter from the EU Commission of 20/08/2010 indicates:-

That judgement is, in the light of a decision given by the Court subsequent to it, based on a misinterpretation of Community law which was adopted without a question being referred to the Court for a preliminary ruling; and

The national competent institutions (i.e the UK Dept of Work and Pensions) therefore have an obligation under EU law to review their initial decisions on the suspension of Disability Living Allowance, Attendance Allowance and Carer's Allowance, to reopen that decision if necessary and pay the benefits in arrears for the whole period of unjustified suspension of those benefits.

From this judgement it is also clear that it is important for the EU citizens to appeal any decision with which they are not satisfied.

Some people get ‘warmed up’ about the payment of these benefits. The scenarios below puts this in perspective.

1. Let us suppose that a young couple has moved to France leaving elderly parents in the UK. Eventually one parent is left, with some increasingly disabling malady. In the UK she/he would receive an allowance to help with the difficulties of life. If she/he moved to France a few years ago to live with their children, such allowances would have been stopped.

2. An elderly couple decide to move to France for the improved quality of life. One of them is crippled and receives an attendance allowance. Their income dropped because the allowance was suspended.

Political Representation for Expatriates in Europe.

2010-08-23T13:32:00.001+02:00

A Plea for information

Representation of British Citizens in Europe at Westminster
If any readers have tried to contact any MP or Government Office at any time and have not had any satisfactory response, can they please contact me?. You may even have had a brush-off with such a retort as 'I/we only deal with problems from constituents resident in Britain'.

The organiser of this blog site is in correspondence with David Lidington, Minister at the Foreign and Commonwealth Office (FCO) on this matter.

He wrote to me in the following terms:-
"Expatriate citizens contact government about a wide range of issues covering the responsibilities of different government departments and agencies and I think that it is both fair and logical to treat representatives from expatriates in exactly the same way that we do those from people resident in the UK, where it is the constituency MP who takes the case up with the appropriate Minister.”

This comment is, as someone commented to me, baloney. After 15 years out of Britain no expatriate has a representative MP, some never have had. You cannot then discuss your pension, your taxation (yes- quite a few expatriates are taxed in the UK) or your welfare problems, if there is no-one there to whom you can write! Hardly 'fair and logical' . The reasons why the British Citizen in Europe should have representation in Westminster are quite varied. They are laid out in this blogsite - please view Concern 2 (see Index) Over many years others have written about this matter, I note particularly the Var Village Voice in Provence, and the Riviera Reporter. It is time to put the pressure on again. With your help!
The UK is out of line with most other major European countries. France has recently declared its intention to allow French residents in the UK to have an elected representative in the Assembly.
As a first stage towards appropriate representation, I am supporting the notion of a Minister for the British Citizen in Europe. Such a person could get to grips with the intricate issues that face various British expatriates. You may not realise, for instance, that under European Law, if you receive the British Old Age Pension, then the United Kingdom is responsible (the 'competent' State, as they say) for the support of your social welfare - it is not France! (or any other EU State). France is not responsible for paying for your welfare. There are 400,000 British OAPs in Europe beyond the UK. Does the UK Government have your interests at heart? There are many more younger British people. Their situation in the developing social structure of Europe should also be a concern for the UK Government.
This issue is not just about 'the vote'. If you do not want a vote, then you need not bother to exercise it. It is about having politicians in Westminster who care about the needs of the British Citizen in the European Community. Who ensure for example that we are not ignored when treaties are arranged. Who demonstrate that the British Government values our contribution to the European culture.
A dossier of poor dealing would be helpful. Please send to me at francepensions@orange.fr
Items from residents in Spain, Italy and Germany and elsewhere are as welcome as from France.
or if you do not possess email then post to le Fourquet, 46300, Gourdon, France.
So please report your experiences with UK politicians and bureaucrats, including favourable ones.
Brian Cave

2010 OAPs migration (also see updates- via Index)

2010-08-13T18:22:00.002+02:00

To return to start of the blog and Index click here.

British Old Age Pensioner Statistics for February 2010 have been published (August 2010).

The inexorable proportional rise continues.
The % of OAPs living outside the UK world wide has risen to about 10% from 9.3% in 2009. [1,163,480 out of 12,487,070]
0.79% of all OAPs live in Spain, where there are now over 99,000.
France has now over 51,000.
Now over 9.3% of all OAPs live in Europe beyond the UK.
These demographic changes must surely bring about political changes.

Pensions in the Public Sector.

The link to this heading gives access to the latest circular from the Public Services Pensioners Council about reduced future increases in public pensions as a consequence of the emergency budget of June 2010.

Department of Health, London

2010-07-25T15:12:00.005+02:00

To go to the start of the Blog and Index - click here.

An exchange of letters is occurring between myself and the Department of Health. A major problem is fighting past 'the front desk' to get to talk with someone who actually can take decisions. [Past the doorman to the head waiter!] My letters have been answered by the Customer Services Centre (!). Following the presentation of my 7 page document (which see-click), it was kicked into the long grass of this 'Centre' and a reply came from that direction. I replied in turn with a letter somewhat written in lemon juice (though courteously) and copied this in to two MPs. One of them intervened directly with Andrew Lansley (The Secretary of State for Health) suggesting that my efforts 'deserved more consideration'. I cannot say whether any activity has taken place as a result of that intervention.
However, I have had another reply from the said 'Centre' and here is an extract....

Extract of letter from the Dept. of Health, 79,Whitehall, London, SW1A 2NS, 15th July 2010-07-25
Nicolette Hartnell (Customer Service Centre)

"Further advice from policy officials states that updated EU regulations (EC) 883/2004 and its implementing regulation (EC) 987/2009, which entered into force on 1 May 2010, have introduced the facility for member states to claim reimbursement for the actual cost of the treatment provided to citizens from another member state. France has decided that this is the method by which it will now make claims for the cost of treatment provided to residents, including state pensioners from other member states. The updated regulations also introduce the requirement that, after a transition period to allow for the creation

of a new system, all information will be exchanged electronically between the authorities in all member states. However, the UK already receives claims from France, and some other member states, electronically, which facilitates efficient claims processing."

This paragraph contains a spark of hope! I have italicised the important bit! The devil however, is in the detail. I have replied (again) asking for clarification of the phrase 'actual cost'. For example :- Does it really mean the cost upfront of 22 euros on a doctor's visit? and the total cost upfront of a hospital visit? That would mean - bye bye to mutuelle insurance! Such a system would be easy to facilitate. It would mean that the Carte Vitale carries a message of 100% cover and all charges are transmitted (electronically) to the NHS.
In my reply I wrote....

When, eventually, the French State asks that such actual costs be transmitted from the UK then that action will be in agreement with the words of Article 24 of regulation 883/2004 which I repeat here.

A person who receives a pension or pensions under the legislation of one or more Member States and who is not entitled to benefits in kind under the legislation of the Member State of residence shall nevertheless receive such benefits for himself and the members of his family, insofar as he would be entitled thereto under the legislation of the Member State or of at least one of the Member States competent in respect of his pensions, if he resided in that Member State.

This paragraph is saying, in plain speaking, that a British pensioner residing in France, shall receive health care benefits, insofar as he would be entitled to if he resided in Britain.

The following paragraph of this Article observes (again in plain speaking) that the costs shall be borne by Britain.

Finally I emphasise again, that it is necessary that the French Social Security asks the UK for both items of costs which arise within the French system and which together comprise the full actual costs, in order to satisfy the wording of Article 24 of Regulation 883/2004

I and other British pensioners in France await with great interest a detailed reply from the DoH .

[postscript-- It is necessary that the concept of provision of health care is distinguished from the process of costing for it. EU law states that the provision is the responsibility of the State of residence, and the costing is the responsibility of the State competent for the pensioner. Moreover the provision should be as far as is possible similar to that provided by the 'competent State'.]

For your interest the address of the Department of Health is given. You may feel that you can add something to my own efforts. You will probably need to refer to my 7 page document. I am very conscious that it is difficult to construct a complicated letter, but a simple one of support would help a lot. We are, in France, treated differently from other E121 (or S1) holders in Europe and if these efforts succeed we will be all treated equally.

If you do write then please notify me (click here for the email address.)
Please also remember that many British pensioners in France (49,000 of them in total) are perhaps unaware of this campaign. One could tell those you know?

Civil Liberties (two)

2010-07-09T12:13:00.001+02:00

To return to the introduction and the INDEX to this blog-site click here

This posting is now only of archival interest

July 2010

This concerns the UK Government new web site.
To visit it go to….
http://yourfreedom.hmg.gov.uk/restoring-civil-liberties.

The new coalition government has instituted this site to glean the thoughts of the public. It is a kind of follow on from the Blair government petition site. No doubt it has much the same defects… quite a few idiotic ideas and quite a few which have not been thought through clearly. Nevertheless it shows a good intent!

1. As I reported in an earlier posting, one of the readers of this blog-site has put forward thoughts on the Double Taxation Convention. It expresses the concerns indicated on this site. It signposts the concern but it needs clarification. There are many dozens of Double Taxation Conventions between the UK and all kinds of nations. It is not clear that the posted item refers to the France/UK Convention. But I have given it a 5 star rating.

http://yourfreedom.hmg.gov.uk/restoring-civil-liberties/repeal-the-double-taxation-agreement

2. More recently I have myself also mounted an item. This relates to the issue of the lack of expat voting for the UK parliament. There are several other items posted by others with a similar theme. It is clearly a nagging issue for quite a few people.

http://yourfreedom.hmg.gov.uk/restoring-civil-liberties/all-british-citizens-in-europe-to-have-the-vote-for-life

Observations can be added to the posted items on the Government web-site. One must suppose that the Government Ministers will take serious comments seriously. Supportive comments would be welcome.

I can report that the Foreign and Commonwealth Office and the Ministry of Health are, at a senior level, examining the ideas put forward on this blog-site. These ideas concern Health costings and the possibility of a Minister for the Expatriate Citizens in Europe.

RESTORING BRITISH LIBERTIES

2010-07-02T09:53:00.003+02:00

TO VIEW INDEX to this blog click here

This item is now only of archival interest

A reader of this Blog has mounted on the Government website "RESTORING BRITISH LIBERTIES" the following request to repeal aspects of the Double Taxation Treaty between France and the UK which are not in our interests as pensioners resident in France who have ex-government pensions. You can view his entry via this link following.

http://yourfreedom.hmg.gov.uk/restoring-civil-liberties/repeal-the-double-taxation-agreement

You can 'rate' the item and as I have, you can add a comment to the site. You could add a comment about the absurdity of filling in tax forms for two countries! The loss of income because of it. The unfair discrimination compared with others.... You need to 'register' on the site, and then 'log-in'. This is an easy process. It asks for a part postcode. Use part of your last postcode in the UK. This will be the location of your M.P.!
The statement unfortunately does not indicate that it is the Double Taxation convention between France and the UK which is the offending agreement. Confusion has already occurred with the Spanish agreement. It is on the whole the implementation of the convention by the French which is the cause of the problem. Article 19 is at the root of it all. EITHER this article should be abolished OR the French forced to accept that no mention of Government Pensions is made on any tax return. Any comments you make can refer to these points.

The statement by the reader 'rodcreuse' reads:-

Under the Double Taxation Agreement, UK Public service Pensioners - teachers, nurses, police officers, are forced to pay UK tax on their pensions, irrespective of where they live in the EU. Private pensioners pay tax in the country they live in, usually at lower tax rates.

This is unfair discrimination and is a limit on the freedom to move within the EU

Why the contribution is important

The EU consitution guarantees freedom of movement for citizens in the EU. This Agreement limits that movement by making it financially less attractive for UK Public Service pensioners to move within the EU compared with private pensioners.

It is also contary to natural justice. Why should one's tax liablity depend on one's previous employer?

EU Petition reply

2010-06-28T10:01:00.000+02:00

To view Index of postings on this blog....
27th June 2010

A reply from the EU Commission for Petitions was received.

The Petition was on the basis that the Double Taxation Convention France/UK discriminates between persons based on......

a. the origin of the income and b. the nationality of the person.

The reply quotes a case-law of the Court of Justice which in effect says that nations can determine taxation on the basis of the national origin and form of the income.

It would seem to be ignored that this results in a differential of taxation load!

The reply can be viewed at. Reply from EU.

This is of course disappointing. One must remember that even if such discrimination does not contravene EU law, a contravention occurs internally within the Double Taxation Convention. Article 25 of the DTC states "Individuals of a contracting State shall not be subjected .... to any taxation or requirement .. which is more burdensome than the taxation .. to which nationals of that other State in the same circumstances, in particular with regard to residence, are or may be subjected." - In short a British National resident in France should not have a greater tax burden than his French neighbour with the same source and amount of income.

It is as plain as day to me that this article is infringed.

Unless some lawyer who will act 'pro bono publico' will step in, perhaps we run into a sand bank on this. Yet a reply is still awaited from Her Majesty's Customs and Revenue on this matter. Yet I fear the Civil Service runs the country, and no Civil Servant welcomes change!

If ever a 'Minister for the Expatriate' is appointed, such a person could take up the cudgel.

As I say "If one does nothing - nothing gets done." One must fight for a just cause or else live with a conscience that one did not try.

Benefits Paid Abroad

2010-06-25T10:21:00.026+02:00

To return to the beginning of the Blog and the Index click here

The Blog site (Brian Cave, organiser) is most grateful to David Burrage legal advisor to the Association for the British Expatriates in Spain for distributing the following information.

This is a Legal Statement from the EU threatening Britain with action before the European Court of Justice if Britain does not comply with the law to pay the sickness benefits to expatriates.

PRESS RELEASE from BRUSSELS. 24th June 2010
View here

Explanation of the Press Release from the Spanish Association document:-

Social security: EU takes action to guarantee care benefits for Britons abroad

The European Commission has sent a formal request to the United Kingdom to pay care benefits to Britons – often pensioners – residing abroad in accordance with its obligations under EU law. Under EU rules, Disability Living Allowance, Attendance Allowance and Carer's Allowance are considered 'sickness cash benefits', which UK citizens resident in another EU country are also entitled to receive. The UK authorities now have two months to respond to the request, which takes the form of a 'reasoned opinion' under EU infringement procedures. In the absence of a satisfactory response from the UK authorities, the Commission may refer the matter to the EU's Court of Justice.

The right to live and work in any other European country is a fundamental right of the EU. As part of this, the EU guarantees people the right to social security coverage if they move elsewhere in Europe.

In the UK system, Disability Living Allowance, Attendance Allowance and Career's Allowance are benefits which provide protection for people in need of personal care and people who look after them. Under EU rules on coordination of social security, UK citizens are entitled to receive these benefits when they are resident in another EU country.

However, in some cases, and contrary to the principle of free movement, the UK applies conditions on residence for the three benefits. In particular, among other requirements, the benefits can be conditional on the claimant having spent 26 of the previous 52 weeks in the UK (past presence test). This effectively contravenes the provisions of the EU system for coordinating social security benefits and infringes the rights of citizens living in another EU country.

Background

The Court of Justice of the European Union has ruled (in case C-299/05 on 18 October 2007) that Disability Living Allowance, Attendance Allowance and Career's Allowance count as sickness cash benefits. They are therefore exportable according to EU provisions on coordination of social security (EU Regulation 1408/71 and Regulation 883/04).

Further information

Your social security rights in the EU
View here

Progress Report 10,000

2010-06-17T14:42:00.000+02:00

Ten Thousand Visits to the blog site is a kind of milestone, but are we getting anywhere?

Those who receive this note by email are in some manner also holders of the banner in this journey. Many others might read it on the blog, but does it influence them? It is possible via the hugely valuable statistics analysis tool to discover that many people visit the blog several times over. There are some very few visitors who have been back to the site well over 500 times. Of recent visitors more than a quarter have visited more than once and an eighth more than five times. Numbers are important. They give the moral support to the arguments. You yourself can encourage others to read the blog.

But are we getting anywhere? I answer that question elsewhere. [Progress Report link.]

The target audience is the British Old Age Pensioner who lives in France. Stop a moment and consider the nature of that audience. Conjure up in your mind the image of Old Age Pensioners. At the age of 65 many look and feel young. By their mid 80s, the image will have changed. Cancer, incontinence, rheumatism, failing sight and hearing, wears away at them, and if indeed they are concerned about their own plight as indeed they are, they can do little about it. So many cannot take up the cudgel to help themselves in their own interest. I know I am exceptional. That is not an immodest remark. I am verging on seventy-eight and fairly fit. I have the mental agility to master this modern technology and to search and winkle out information. But I know that many OAPs cannot do that.

Let us think of the old lady who came to France 20 years ago to live with her unmarried and childless daughter. They were brought up not to ‘bother about money’. Now 20 years later the daughter has to look after her mother who is no longer very clued up about anything at all!

Consider the couple who came here five years ago. The husband, an ex-accountant, has declined in physical and mental health and all management of that household now falls on the wife.

Consider the now elderly female teacher who came here after a sorry divorce 18 years ago. She had very little income when she came. Now thanks to the appalling exchange rate she scrapes by and has left France to return home in even poorer circumstances than when she arrived. House prices in the UK have soared.

None of these pensioners have computer knowledge and know nothing of the Pensioners Debout! Blog site. Those who can fight should do so. Those who are young will grow old! They should fight as well.

We are British Citizens. We are the age group born in the 1930s and 40s. We lived through the war. Some, like myself became homeless through bombing (twice in my own case). We glimpsed the horrors of the old Europe. I have visited Auschwitz and seen. In France we view the monuments of Wars and persecution and are thankful that Britain was a fortress and a bastion against these things. The coming of the European Union gave some of us, when retirement released us from the bond of work, a feeling of being able to explore new worlds, to take on a new adventure. The EU promised freedom of movement. The British Government under Ted Heath opened a vision of a wide and glorious Europe.

Since then the British Governments have back peddled their way towards Europe, and in consequence retreated, always with their smiling faces gazing at the distant land and saying how much they are part of it. Britain has surrendered its role as a leader in Europe. For us, the British pensioner, we have stormed the channel and become ambassadors for Britain. Yet the British Government have in so many ways ignored us.

So we pensioners turn to the European Commission for aid against our own nation. The British Governments have signed treaties in our name and they must surely stand by their word. For this reason I, encouraged by the advisor to the Spanish Association, have turned to the European Law and other International treaties for hope. Again and again the British Government drags its feet. Yet it is responsible for our welfare. It is responsible for our pensions. Such investments as some of us have are subject to its laws. It is responsible for the education of our grandchildren. We turn to it and it fails us.

Remember that this blog-site is by no means the only pressure group. Various of the recipients of this message are and have been active in different ways. So what has moved as a result of the kind of pressure which is represented by this blog site? For this read ‘The Progress Report’ (click link)

Health Care costs - The Dutch

2010-06-05T20:13:00.001+02:00

The Dutch pensioner in France, Spain, and elsewhere are hit even worse than the Brits in France.
Read this article written by the Dutch on the subject!

'Milking the Dutch Expatriate Pensioner.' [click]

The European Commission must wake up to this situation.

Health Care Costs in France for Pensioners

2010-06-05T19:32:00.000+02:00

Follow -up to posting of April 2010.
A seven page document has been sent to the new Minister of Health, Andrew Lansley. [Acknowledgement of receipt from Dept. of Health received 4th June]

I am satisfied that the OAPs in France should have no need to pay for a top-up mutuelle health insurance. By definition in European law, the Department of Health of the UK is the competent institution within the EEA to cover the social security of those who hold an E121- that is to say the needs of British OAPs resident in Europe.

It has taken me some months to gather the information on this matter!

If the UK Government would wake up to the scandal of this system, I believe that it could save more than 50 million pounds and the OAP in France the costs of the mutuelle insurance of about £550 or 630euros (some people in their 80s are paying, for a couple, towards 3,000 euros a year!) per year per person.

The covering letter to Mr. Lansley also says:-

The above statement seems extraordinary and the situation has arisen, I am sure, without malicious intent.

The Regulations on which these payments are based are complicated and overly bureaucratic. They are based upon a system which pre-existed the accession of the United Kingdom to the EU in 1973.

In this electronic age the existing hugely inaccurate system could be replaced by another whereby the actual payments could be transmitted by electronic means, eliminating a great deal of waste.

---
The document is viewable at
http://lefourquet.net/Healthcosts.html or
http://lefourquet.net/Healthcosts.doc
Please read it. It is not light reading. There are references to all the EU regulations which touch on this matter.
I will be happy to receive your observations.

HEALTH MATTERS - Monthly Comment April 2010

2010-05-25T08:08:00.001+02:00

A further item has been posted on this subject - Refer to the INDEX for developments.

BACKGROUND

Few expatriate OAPs in Europe realise that they enjoy health-care support because of EU agreements and THAT THE FINANCE COMES FROM THE UK – in effect from the NHS.

The EU Regulations (essentially 1408/1971 and 883/2004) state that the costs of health care for the Old Age Pensioner is the responsibility of the State to whom the OAP has paid his/her social security contributions. That State will pay your Old Age Pension and support your old age health care! This State is defined as the ‘competent State’ - For almost all expatriate elderly Britons this competent State is The United Kingdom.

Clearly it must be understood that if you have not paid into the Social Security regime of France (or other country) because you had not lived there in an employed category, there is no logical reason why you should be supported under the health-care system of France (or other country)! Only an EU agreement gives you this support. And someone must pay for it! Let us look more closely….

A quote from Article 24 of EU Regulation 883/2004….

“1. A person who receives a pension or pensions under the legislation of one or more Member States and who is not entitled to benefits in kind under the legislation of the Member State of residence shall nevertheless receive such benefits for himself and the members of his family, insofar as he would be entitled thereto under the legislation of the Member State or of at least one of the Member States competent in respect of his pensions, if he resided in that Member State. The benefits in kind shall be provided at the expense of the institution referred to in paragraph 2 by the institution of the place of residence, as though the person concerned were entitled to a pension and benefits in kind under the legislation of that Member State.”

The institution referred to in the following paragraph 2 is indicated as the “competent institution of the Member State” in effect - the NHS. In other words: - you should be treated by the health system of France (your place of residence) and charged to the institution of your competent State (the UK).

Read the highlighted parts again --- It says that you will receive benefits insofar as you would be entitled under the legislation of the competent State (the UK) as if you resided in that Member State (the UK).

That says that if you get 100% cover in the UK you should also get it in France! Or anywhere else in the EEA.

Under the above Article it would seem that we have two situations – firstly The State of Residence is obliged to treat you as though you come under the social care legislation of that State, but the competent State should also ensure that you have the benefits as though you were resident in the competent State. The only way to resolve this is in France to be treated as a French citizen would be (which one is), but that the full cost is picked up by the UK. I have an uncomfortable feeling that the UK is being charged by France at somewhere about the full cost and that the British OAP resident in France is being asked to find up to 30% of the cost as well - via a ‘mutuelle’ or his pocket! This 30% (approx) should not be necessary.

To the current date every EEA country has transferred grants between themselves of a sum of money to cover the health costs of their expatriate OAPs. (Regulation 574/1972 Article 95 – now 38 years old and before the time of electronic data transmission! And before the UK joined the EU in 1973!) The calculation of these grants are somewhat convoluted.

Two supplementary articles are in consequence appended to this introduction.

Click on a title to view.

1. The matter of the European Health Insurance Card [EHIC]

A matter of confusion?

2. The costing of the health support of the expatriate OAP in Europe.
This item is updated with additional statistics from the Dept of Health London April 14th. 2010
Is the UK and the British Citizen being ripped off by France? The charge to the UK for pensioners in France is 192% higher than for pensioners in Italy and healthcare in Italy is totally free. This link also links in turn to all the relevant legal extracts. It also indicates the way forward.

You may well find these items interesting reading.

The whole sorry affair indicates that we need a Minister for the European Expatriate in Westminster. After the general election it will be necessary to write to the Minister of Health. If necessary a draft letter will be published next month. In the meanwhile... You may wish to report this matter to your MP or send a petition to the EU Commission. For ideas contact me DEBOUT! click
In the meanwhile if you live in France you must follow the French law and pay up!

Double Taxation again -updated 10/03/2011

2010-05-05T09:28:00.007+02:00

[To go to beginning of the blog - click here]

UPDATED 12th March 2011 ----- of individuals and companies in Europe.

This includes many British pensioners who have ‘UK Government Pensions’! Teachers, Fire and Police, Military, LGOs and so on in France.

At the end of April 2010 The European Commission launched an online public consultation to ask anyone for information on double taxation problems that they have encountered within the EU. The consultation ran until 30 June 2010.

EU Commissioner for Taxation and Customs Union, Audit and Anti-Fraud, Algirdas Šemeta, said: “Double taxation can deter cross-border activity in the EU and the functioning of the Internal Market. I am determined to tackle this obstacle. This consultation will help us to assess the real scale and financial impact of double taxation for citizens and businesses. I will then work towards finding the most appropriate and effective solutions."

The aim of the public consultation was to identify clearly the nature of the problems that EU taxpayers are facing and the extend to which many individuals and companies are encountering the problem of being taxed on the same income or profits in two or more different Member States.

Mr. Semeta indicated areas of difficulty for all kinds of taxpayers. This Blog has demonstrated clearly that for the British pensioner in France it means that they cannot benefit from tax rebates on tax paid to the UK. Mr Semeta said ‘it is not clear how well the Double Taxation Conventions work’. This blog knows they do not! Look at Spreadsheet (click) –If your income is middling and you need a home-help it affects you.

The EU consultation concerns all direct taxes – The Commission is also inviting suggestions on how to effectively and rapidly remedy the double taxation identified.

Following the end of the consultation period [JUNE 30th 2010], the Commission published a summary of all contributions received. It analysed the replies in detail and used them in preparing possible initiatives for EU action in the field of direct taxation.

Anyone was invited to reply to the consultation by completing the questionnaire online

http://ec.europa.eu/taxation_customs/common/consultations/tax/index_en.htm

The Blog’s author completed a personal questionnaire . SEE Concern3 (click) on this site. The published report is linked here.
http://ec.europa.eu/taxation_customs/resources/documents/common/consultations/tax/summary_report_consultation_double_tax_conventions_en.pdf

I have to say - It doesn't get one very far! My comments were noted and shared I see by a Belgian.
Further recommendations are promised!

TAXUD-E1-Consultation@ec.europa.eu
Postal address: European Commission
Directorate-General for Taxation and Customs Union
Rue de Spa 3, Office 8/007
B-1049 Brussels
Fax: +32-2-29 56377

Spreadsheet calculation of tax

2010-05-01T08:00:00.001+02:00

To go to start of this blog click here

I have constructed a spreadsheet (click) which may be used to compare the effect of taxation in the UK and in France on the same income.
The spreadsheet is simple and is offered solely for interest. It is an exercise which may have errors, so use it with a sense it may be misleading. But I hope not. To keep things simple areas of taxation not usual among expat pensioners are omitted.
The greatest disparity between the taxation in the UK and in France is when one wishes to employ home helps and the like, and give aid to charities. The French system greatly favours these activities. You cannot financially benefit (and thereby encouraged) if you pay tax to the UK.
I would welcome comments and to observe if the exercise is unhelpful/helpful.

The Winter Fuel Payment

2010-03-16T16:31:00.024+01:00

To go to the Index and beginning of this blog click here.

Quite a number of OAP expatriates in Europe do not receive this payment because the British Government have claimed that they should not receive it unless they received it before leaving Britain. The legal position has been investigated by the Spanish Expatriates Association and the legal advisor (David Burrage) is satisfied that the position of the British Government is illegal in European Law.

The blog author (Brian Cave) has read the detail and made reference to the relevant EU regulations as published on the internet and is equally satisfied as to this stance.

The history and legal discussion is laid forth here:- follow link .

The EU regulations referred to are available via this link - very long reading but the really keen can trace the references here!

An outline letter to the relevant section of the Department of Works and Pensions has been complied for you to follow in order for you to apply for the WFP. follow this link. And claim arrears!

If, as one supposes, the DWP will do all it can to oppose such applications, a personal petition will be placed before the EU. So please retain any correspondence to aid in this and keep in touch.

It could well be that the general election will change the landscape and it could just be that a new government will bring justice to all.

A letter to all three political parties has been posted. It does not draw specific attention to the WFP, but has a more general tenor. View the INDEX (on left) to find it. [November 2010- No news, All three parties are oblivious to pensioners on the Continent.]

p.s. the address for the appeal letter is
http://lefourquet.net/RdrsubWFP042010.doc (no final dot!)

2010-03-14T08:47:00.024+01:00

2010 March letter to Political Parties - click!
March 27th postcard acknowledgement received from The Conservatives. 'contents noted'. Umph!
March 29th Nick Clegg (LibDems) report in The Telegraph says he does NOT support the vote for expats. Can this really be true?
No reply from the Labour or LibDem parties.
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Previously in February 2009 (a year ago!) an open letter was posted to all three Political Parties
The replies
March 6th 2009- first reply Labour Party (click) - Oh dear!.
March 28th 2009 from LibDems. (click) - This reply does not answer any of the points presented. It confuses the issue of frozen pensions which applies to pensioners in Australia etc. It displays a lack of knowledge and real interest in the expatriate European British citizens. Sad!
April 1st 2009 (acknowledgement) from the Conservative party. Oh dear!
However, the Conservative view on Voting problems - See article under Concern Two.

At heart, do any give a damn?

Please write yourselves - the addresses are on the recent letter.
You can copy the open letter given here if you wish and/or refer to the blog-site.

To return or go to the start of the blog click here

Monthly Comment March 2010 One Accuses - Lack of Fairness?

2010-03-01T13:41:00.000+01:00

LINKS-
These are legal arguments and papers exposing the Dishonourable Position of the United Kingdom and its infringement of EU Community Law with respect to non-payment of benefits to disadvantaged British expatriates in Europe.. Prepared by David Burrage - legal advisor to the Spanish Expatriate Association.

1. An abridged version of the major document . (3 pages html file)- largely prepared by Brian Cave.
2. A full version of the document (40 pages pdf file).
3. Letter from the EU Commission to The Spanish Expatriate Association. This letter refers to two instances of case law before the European Court of Justice. The judgements on these two cases are linked below.
4. Case Law 'Duchon'.
5. Case Law 'Larsy'.
6. The EU Regulations covering the point at law of the exportability of benefits.

One accuses the United Kingdom Government of ............

Lack of Fairness.

Dishonour towards its Elderly People

Lack of Statesmanship and Leadership.
The elderly citizens of Britain move to France, or Spain, or wherever in Europe for good reasons.. to join their families, for their health, to explore new environments, or to enjoy a way of life not to be found in Britain. The EU offers opportunities in living not known to earlier generations. Their income comes entirely from Britain. They have all their working lives paid into a social system of support (as Clement Attlee would have said from 'cradle to grave'). They have given service to the Nation in peace and war. Many have added to the wealth of the Nation. Now, in their years of retirement, instead of retiring to Bexhill or Morecambe, they choose to take advantage of the possibility, achieved and signed under treaty obligations by the British Government to live in the wider Europe - to be free to move and live as free citizens within this great spreading of the peoples of the Continent.
The British Government treats this diaspora of British Citizens as second class compared to those who remain in the British Isles. We who have been proud to be British and still wish to to be proud to be British are treated unfairly by the Government of our own Nation.
A proportion of we elderly citizens became disabled before moving into the wider Europe. Some, few they may be, left to join their families who have already moved, but suffer from illnesses requiring care. They received financial support to help in that care. Some have since been deprived of this support by the British Government, who illegally have ceased payment. The British Government are dishonourable in their position towards these people. The legal exposition of the dishonourable nature of the British Government is fully developed in the links indicated above.
The British Government signed to treaties to enable people to move freely without suffering financial hardship. It does not honour its word.
The British Nation, once a leader amongst Nations, has in the context of Europe, shown itself to be small minded, narrow in thought and deed. It does not display the Statesmanlike leadership which we, who are in our seventieth or eightieth decades would expect. It is weak and shallow and leaderless.

The monthly comment - The Migration of the OAPs

2010-02-02T11:14:00.008+01:00

To go to the start and the INDEX click here

The UK Government statistics on benefits reveal a wealth of information about the payments to Old Age Pensioners across the World. You can access it via the following link...... http://83.244.183.180/100pc/tabtool.html

You need to click onto the line Benefits/Scheme and select. With a little practice you can get the hang of how to use this ‘Tabulation Tool’. Although the information is fascinatingly extensive, the Winter Fuel Payments are absent. Further the information only exists since 2002.

Since 2002 the proportion of OAPs leaving the UK has increased year by year so that the total % living abroad has risen from 8.2% in 2002 to 9.3% in 2009. In all 31,660 OAPs moved abroad in 2008/9. About 57% of those migrating last year went to live in Europe, and there were fairly large contingents also to the expected English speaking countries of Australia, Canada, New Zealand and the USA (which at 3,260 was the largest receiver of all in the world outside Europe). One thousand more was added to the statistic of ‘Abroad – not known’ location.

Within Europe the number moving to Spain averages about 6,700 a year [see further note below]. To France about 4,300 a year. The number in both countries has more than doubled in seven years. The greatest annual % increase is to Bulgaria and also Greece (but since numbers are low such a statistic is unhelpful in any analysis).

The number of male and female OAPs in each country reveals some interesting figures (see further below). In Spain in 2009 there were 16,110 more females receiving the OAP than males. In France the figure is 9,550. The proportion of women to men is however lower than in the UK, though quite extraordinarily it is much higher in Germany where there are more female British OAPs as male in every age group and twice as many overall!

Click on the images to enlatge them.
What do these figures tell us?

1. That increasingly, little by little, the elderly population prefer not to live in the UK.

Why? This ought to be an issue discussed by the politicians.

2. The excess of women over men is largely explained by the fact that the age group of men between 60 - 64 is not recorded. Over the age of 80 there is a increasing excess of females. There is a considerable number of very elderly women probably living alone amongst the OAPs in France and Spain. These women are less likely to be ‘worldly-wise’. They are probably not computer literate. This group is most likely not to bother with the issues of the Winter Fuel Payment (and almost certainly do not receive it!), or the vote, or be aware of this blog site.
There are 32,320 OAPs over eighty in Europe excluding the UK and Ireland.
Over ninety there are 3,430.
Excess of very elderly women v. men:- over eighty, by 10,760 - over ninety by 1,270 (37%).

If we add in an equal number of men as there are of women in the 60-64 age bracket, then the numbers of elderly over 60 for France increase by 10,000 and the numbers for Spain 16,000.
FURTHER:- anecdotal evidence supported by unofficial estimates would suggest that in Spain and France there are large numbers of OAPs who spend the winter in those countries. Probably some numbers spend more than 6 months a year outside the UK, though claiming permanent residence in the UK. In the Alicante region alone it is claimed that the true "winter" resident numbers of UK OAPs is about 180,000, vastly in excess of the official count. This practice is driving a cart through the regulations. These quasi residents are probably receiving the WFP ; paying taxes in the UK; and perhaps saving the UK some funding on the NHS. This is a muddle which needs attention - but NOT the clunking iron fist of regulatory power!

Please write to your MP or a Minister or any political leader or otherwise and ask......

"What interest is your next Government going to take in the Welfare of the British pensioner who lives in the European Union." [The wider EU is today a new political force which enfolds the diffuse responsibilities of all its member States. Any citizen of any State should have the continuing respect and oversight of the member State of which they are a birthright national. The right to representation. The right to enjoy the privileges of their national state. The right to be free from discrimination in any form. A further posting exists discussing this point. click to view.] Please use your vote (if you can have one!)

You might well refer to this blog and add anything else that is personally relevant to yourself.

What is Europe? An Essay

2010-01-12T15:39:00.002+01:00

There has never before been a political structure like Europe. You reply – What about the USA? But the USA grew by conquest, western expansion and purchase. The original thirteen colonies united together to throw off the British yoke, yet barely eighty years later tore themselves apart in a bloody civil war and then united again, tied together with bloody bandages. Before and after the civil war, new States were carved out of the new territories to the west of the Eastern thirteen. In Australia, which is another federation, various States came to be established, each in its way going back to British colonial settlements.

Europe is not like that. It consists of ancient States, most with their own language and some with several languages. Each has its own variation on the European culture, which has as a base the Christian ethic. Each has it own slant on the intra-European wars and conflicts (frequently religious!) and intra-European trade which have shaped these countries through the past centuries and which have culminated, after the disastrous conflicts of the first half of the 20th century in the desire to associate to end these conflicts for ever.

Still in Europe each country looks warily at the others with some mistrust. The various governments and political parties of Britain, more than any other, mistrust the rest.

The political structures which bind the nations of Europe together are considered as much chains of imprisonment as they are links of friendship and co-operation. Our minds are not tuned in to this new concept of political association. The political mind either goes down the line of fusion or the line of confrontation. The result is a mind full of confusion. Our thinking needs to become accustomed to a new condition.

We need a new term and a new concept in the mind for this relationship. Let us call it an Association. It is a network of nations. As with a railway network each town is independent but depends on the others. As with the nervous system, each part functions in relation to the other parts. There are nodal masses of cells and each node relates to other nodes via the nerves. In the network of nations which is Europe each depends on the others and yet retains its identity. Vibrant impulses throughout the network would energise the whole.

As the network develops there is movement of the peoples from one node or nation to the others. Here we must move away from our analogy. Each person retains some relationship to his nation of origin and the government of the nation of his origin should acknowledge some link to the diaspora of its people throughout the network.

Most of the nations of Europe maintain this two-way link between the country of origin and its dispersed nationals. But the link is indeed a two-way function. The individual is a human being with the power of choice and freedom of action. The National Government is not however a sentient being, it is an organisation which exists for the benefit of its citizens. The citizens are not servants of the State Government…The Government is the servant of the citizens. The individual is free to separate himself from his Nationality of birth but the National Government cannot, without good moral cause, separate itself from the citizen. So if an individual chooses to cut the bonds of citizenship and link himself to another Nation (or indeed becomes Stateless, with no doubt rather severe consequences) then he perhaps has the right to do so. Until an individual does that, then the Government of the people has a duty to care for and to listen to the citizen wherever he may live. The British Government morally, on the one hand, cannot disenfranchise or ignore its citizens because they have moved within Europe, and on the other hand maintain that it is playing its part within the European Association.

In this ever widening network of Europe the links to the citizen of any Nation State should be maintained. Each Nation State has a duty to represent its citizens in all the other States of the network and each citizen should be represented in his own Nation State. It is the citizens who are the nerve pulses of the network. But one’s experience tells us that the British State adopts a ‘fortress Britain’ attitude and has no interest in the nerve network through the Association. None of the British political parties expresses any true interest in the citizen in Europe. The political elite of Britain alone in Europe among the larger nations, treats its European diaspora as self-imposed outcasts, rather than as witnesses to British culture and ambassadors of the nation. Yet at the level of human contact, the interplay between individuals cements and enhances Europe. We who live in Europe know this to be a self-evident truth.

The Concerns of the Blog

2009-12-25T09:18:00.001+01:00

To return or go to the start of the blog click here

The Four Concerns of this blog are
Click on each title to reveal further links!
(1) Freedom of Movement.
Including Health Matters
Here is any topic that affects our movement between the UK and the Continent. Removal of financial constraints on pensioners, removal of illegal constraints on travel, payments of benefits, Winter Fuel Payment, passport payments etc.
(2) Political Representation .
So that someone in Parliament truly has our welfare as his/her major concern.
(3) The Double Taxation Convention.
To sort out the tax mess which currently exists.

(4) Stabilisation of the pound (£) versus the euro €

One needs to know where one is with one's money. Updated with a comment on the £ v. Euro October 13th

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