Tuesday, March 16, 2010

The Winter Fuel Payment

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.
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!)

Sunday, March 14, 2010

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.
***************
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

Monday, March 1, 2010

Monthly Comment March 2010 One Accuses - Lack of Fairness?

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.

Tuesday, February 2, 2010

The monthly comment - The Migration of the OAPs


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.

Tuesday, January 12, 2010

What is Europe? An Essay

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.
[This item is frequently visited from all parts of the World - interestingly large numbers of people living in Kiev, Ukraine have visited it. Another large number live in the Philippines.  I would be delighted to know the reason,  contact   lefourquet@gmail.com]