Unfair Financial Burden for retired Britons in France

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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!

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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?

 Put simply 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) Where you have not activated social security rights through some economic activity in another relevant State  and where;

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

(i) Past residence,

(ii) Past social security contributions,

(iii) Previous NI credits or,

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

(c) You have attained the age of 60 years in the qualifying year 2011/2012 providing you were born before 5 January 1951.

Then you are entitled to make a first claim, even though you may be resident outside the UK and elsewhere within the EEA or Switzerland.

You can 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.

Send the completed form to DWP, PO Box 10142, Annesley, Nottingham NG15 5WY. You should also send your original birth certificate.

Always keep copies and send any correspondence by certificated mail.

We suspect that the DWP will currently be in denial of the most recent case law of the ECJ and will refuse your claim on the erroneous basis that you were not ordinarily resident in GB at the date of your claim. Nevertheless, if you are to complain the matter, then you can do so following any refusal of your claim.

We have briefly addressed this matter to the Commission in the light of their recent press release  and await their response. 

*****************   End of Extract

Old Age Pensioners leave Britain!

To go to the Index and beginning click here

The Emigration of Old Age Pensioners.

August 2011

The latest figures on the geographical distribution of British State pensioners have been published – for February 2011.

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

The explanation is that the 2250 emigrated.

If we go back to a comparison of the full year between February 2010 and February 2011, then we find that the number of pensioners living abroad increased by 18,240.  The total global increase was 86,040.  It would seem that about 1 in 5 pensioners are emigrating!  The actual  figure of those who emigrated during this year is actually higher than 18240 because one must add on the number of pensioners who 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  to 12,573,110.

The number living in the UK increased 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!

To go to the Index and beginning - click here

To the British expatriate anywhere in the 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.

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. 

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

 

Sickness Benefit ruling July 2011

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 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 21^st 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.