Tuesday, August 16, 2011

To all British expatriates everywhere!


To the British expatriate anywhere in the World.
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.
Representation means having an MP who cares for you and who speaks for you in Parliament and can intervene for you (i.e. express your concerns) with the bureaucrats in Whitehall or elsewhere.
Reasons.:-
1. The pride of British Solidarity.   This is not the most obvious reason.  But it is the most fundamental.   If you are not proud of being British then you should ask yourself whether you should  change your citizenship.  Are you not proud of the once existing British standards of  fair play, and honesty, for which the British culture used to be so respected across the globe.
Also, in reverse, one asks the British Parliamentarians – ‘Are you not proud of the work of British expatriates throughout the world? Are they not citizens whose work and spirit should be respected?’
All expatriates were shocked by the decline of public order in Britain which we witnessed in the summer of 2011. This decline we have witnessed long before we became resident abroad and if we could, no doubt many of us would give some voice to its correction.
We all have an interest in uniting to maintain a standing of honour in British culture.

2. The
UK Government represents the expatriate – even if the expatriate is unaware of it.
  It represents us in treaties and relationships with our host countries   But- the UK bureaucracy is largely unaware of our needs. It has no means of listening to us! It has no ears!
These needs range from matters of local social support - to government taxation and conflicts or confusion between UK and host country regulations - e.g. employment regulations for professionals.  Without some means of feedback from expatriates the Whitehall machine can and does just plough on without understanding of the consequences for the individual. Its attitude therefore evolves to protecting the perceived Government's position and not protecting the British expatriates' position. The British Citizen abroad is a citizen ignored.

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 pensions are  ‘non-government’ pensions in France but ‘government’ pensions in Germany.  These arbitrary decisions affect the taxation costs of  thousands to the cost of thousands of £s. 
The State 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 frozen in Monaco, but not in Nice. It is frozen in Niagara Falls (Canada)  but not in Niagara Falls (USA).
Health – The UK makes agreements with the EU and its constituent countries (where 1.5 million British citizens live) on health payments for pensioners but the expatriate pensioners have no voice on such agreements in their name.
Border Controls.  The UK makes whatever changes it chooses, without any ear as to how this may affect the expatriate.
Banking and Finance.  Regulations which affect how and where the expatriate can change or use financial systems within the UK never take cognisance of the impact on the expatriate.
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!
 The Government could introduce old-age benefits limited to 'residents' . This is the case already with the ridiculous Winter Fuel Payment.  If it wasn't for actions by some people it would not be paid to any expatriate.  We have to thank the EU for ensuring a partial fix.  But there are some very elderly expatriates who well have need for this extra money [The WFP is a payment which by reducing the public purse, reduces the scale of the State Retirement pension].  The Whitehall bureaucrat is unaware that there are expatriates in financial difficulties through no fault of their own and which is exacerbated by the lack of concern by the British Government.


3.  Expatriates in difficulty.   Residents in the
UK can visit or write to their MP if some particular issue is important to them.  Expatriates may well have issues with a UK bank, the UK tax office, local authority,  payment of pensions or social care payments or a problem relating to a near relative – perhaps a child at a school in the UK or a relative in nursing care.  You may yourself on a visit to the UK run into some difficulty.
It is the law that you cannot contact an Ombudsman  in relation to a Government body or the NHS except through a Member of Parliament.
If you have no MP then it is impossible to do this!

4. Finally  The principle of Democracy - that constant vigilance supports freedom. 
Does not the concept of ‘citizenship’  mean a binding 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  
We may be in title ‘subjects of the Queen’  but times have changed and I fear we have moved into a form of dictatorship of Government which  has chosen to prevent any voice of  millions of its citizens being heard.  They do not speak because they know that no one is listening.
 Many British expatriates feel ALIENATED from the governance of their mother country because of the indifferent attitude of the British Government. To establish a permanent vote would be a first step to redressing this alienation.
  
If the expatriate does not have a democratic voice, the Government is free to take any action which it distantly believes to be in its interest, that is not necessarily 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. 

 

Tuesday, July 26, 2011

Sickness Benefit ruling July 2011



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 18 page 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), at the date of first claim to certain types of sickness related benefits, which also embraces the benefits of disability living allowance ‘care’ component, attendance allowance and carers allowance.


The effect of this ruling, delivered on 21st July 2011, is that, such a past presence test can only be imposed in the absence of some other proper linking to the UK’s social security system, including past contributions, substantial previous periods of residence in the UK, receipt of some other benefit, such as the benefit awarded to the appellant in the main proceedings, when as a result a person is in receipt of N.I.contribution credits, or where they have an established linking through the receipt of a State ‘old age’ pension. Such linking can also be established by proxy, where a family member is dependent on another where that other person has an established linking, as was the situation in the above proceedings This test cannot be applied in replacement of such a linking, but only in substation in the absence thereof.  
 another extract ---------------------------
The appellant in the main proceedings is a Down’s syndrome victim (Lucy Stewart), she has never been able to work and is hardly likely ever to be able to work. Upon their retirement and when they were in receipt of their UK State ‘old age’ pensions her parents moved to Spain where they currently reside. When the appellant attained the age of 16 years her mother applied for youth incapacity benefit on her daughter’s behalf. The DWP disallowed the application on the basis that the appellant did not meet their 26/52 week past presence test at the date of her claim. In the meantime the appellant had been entitled to and awarded disability living allowance (DLA), retrospectively, to the date of its inception of June 1992.

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

Saturday, July 9, 2011

Friday, July 8, 2011

Unfair Taxation.


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.
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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.
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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.
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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!

Wednesday, July 6, 2011

Democracy for the Moroccans but not the Brits

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 DepĂȘche, 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.