Pension cuts could affect future claimaints

[Big Boy]

sticks, my comments were definitely not meant to offend. However, it is a common problem on all forums (not only this one) that insufficient information is given with the original question. This leaves other members (me included) to draw their own conclusions.

I would suggest that something like pensions is fairly unique to an individual, and such a question could have many answers. It's not like asking which form do I use for 90 day reporting? Because we don't know precise detail, your friend needs to seek professional help.

[sargeant]

Quote Sticks

Sargeant don't come to conclusions that we've been caught out

Sticks i never took it that you and your friend were BOTH caught
Your friend was definitely caught and although i posted VERY DIPLOMATICALLY what i thought (i may add).
My first inclination was he was claiming Fraudulently

quote myself

I am afraid that the 2 members that have been caught on this forum

the second mentioned by me posted himself as having been caught claiming winter fuel allowance totally separate to you

quote sticks

it looks like its a bad subject for some of you

quote me

I still pay Tax and i do not see why it should be given to someone who HAS NOT paid his dues to live the same life as me when i saved and PAID IN and am still paying in and i DO NOT own a house here

Yes it is a bad subject seeing as its about people who have paid there dues seeing their wives being cheated out of a widows pension

[margaretcarnes]

sticks, my comments were definitely not meant to offend. However, it is a common problem on all forums (not only this one) that insufficient information is given with the original question. This leaves other members (me included) to draw their own conclusions.

I would suggest that something like pensions is fairly unique to an individual, and such a question could have many answers. It's not like asking which form do I use for 90 day reporting? Because we don't know precise detail, your friend needs to seek professional help.

Pensions are indeed very individual BB. But the information given was that Pension Credit was in payment - and providing that info was correct it's a clear cut legal issue.
I'd just add for sticks info that his friend does have a right of appeal, and also the right to try to negotiate the level of repayments. Obviously ignorance of a law is never any excuse (if that has been the case here) but there are times when people can use grounds that they were unable to understand the rules in the first place.
That of course implies that the friend is to some extent incapable of dealing with his own affairs - but I'm not jumping to conclusions sticks - just stating that it can happen.
Getting professional advice in Thailand would be next to impossible, but if he might have some grounds for appeal the fist step is to send a brief appeal letter stating the reasons. Unfortunately there is a 4 week time limit from the date of the decision letter in which to lodge an appeal.

[Big Boy]

Pensions are indeed very individual BB. But the information given was that Pension Credit was in payment - and providing that info was correct it's a clear cut legal issue.

I disagree. That was one factor, but there is a host of other information, which should not be shared on an open forum with strangers, but which will need to be taken into consideration in any appeal.

[sargeant]

quote sticks

so how can he start the ball rolling.

I think Mags has given some pretty accurate information based on what Sticks posted
Quote BB

but there is a host of other information, which should not be shared on an open forum with strangers, but which will need to be taken into consideration in any appeal.

Quote BB

However, it is a common problem on all forums (not only this one) that insufficient information is given with the original question. This leaves other members (me included) to draw their own conclusions.

Quote Myself

i posted VERY DIPLOMATICALLY what i thought (i may add).
My first inclination was he was claiming Fraudulently

Please note i did not post my first inclination until a few other members BB included posted along similar thought processes
None of us are mind readers and can ONLY use the information as given to give our OPINIONS

[sargeant]

quote sticks

he as been living here for eight years

he lived there for 67 years

If he lived in the UK for 67 years and has now lived 8 years in Thailand he must be 75
therefore he must have claimed his state pension and pension credits before he came to Thailand
At a minimum all payments for the 8 years he has been in Thailand less whatever his 10 years contributions give him will be taken back at source

he went back to the uk

a very well off gentleman i could not afford a house and just pop on a flight home to sort out my pension
probably because my money gets screwed out of me paying tax

[sticks]

This is becoming like coronation street or east Enders which ever you proffer.

When we make the decision to leave the UK and go some where else to live I'm sure that most of us have money behind us, to come here, Without any kind of security would be complete madness, relying on a state pension is and will make it very difficult indeed to survive specially with the exchange rate and the economical climate as it is today.

Seven or so years ago things where a lot different here then now the exchange rate was 70฿+to the pound and every thing was much cheaper it was a bargain bucket here but has time goes buy thinks change and health detireats my friend didn't expect his pension to be stopped.He built his house here many years ago when it was cheap to do so.
At the end of the day we are all looking for a better place to live rather then the Uk how any one can survive on a state pension there even when there house is paid for is beyond me, he is not skint yet and lucky enough to have a TG that takes care of him instead of the other way round,also I've know him for many years in the Uk before moving here and I will take care of him if needs be.
Hope this has answered some of your questions and please be gentle with the sarcasm

Many thanks sticks

[margaretcarnes]

This is becoming like coronation street or east Enders which ever you proffer.

When we make the decision to leave the UK and go some where else to live I'm sure that most of us have money behind us, to come here, Without any kind of security would be complete madness, relying on a state pension is and will make it very difficult indeed to survive specially with the exchange rate and the economical climate as it is today.

Seven or so years ago things where a lot different here then now the exchange rate was 70฿+to the pound and every thing was much cheaper it was a bargain bucket here but has time goes buy thinks change and health detireats my friend didn't expect his pension to be stopped.He built his house here many years ago when it was cheap to do so.
At the end of the day we are all looking for a better place to live rather then the Uk how any one can survive on a state pension there even when there house is paid for is beyond me, he is not skint yet and lucky enough to have a TG that takes care of him instead of the other way round,also I've know him for many years in the Uk before moving here and I will take care of him if needs be.
Hope this has answered some of your questions and please be gentle with the sarcasm

Many thanks sticks

I'm not quite sure what you're getting at here sticks, but it does sound as though you (and your friend) believe he had a right to claim what he was claiming while living in Thailand?
Many other expats are affected by inflation and the exchange rate, but I've yet to hear anyone who has ended up in a similar situation who has not held up their hands and said 'it's a fair cop'.
He is very lucky to have your support of course, but quite honestly there are many people on here who do know exactly what it's like to live on pensions in the UK, and who will resent any expats anywhere who are getting benefits which they shouldn't. Perhaps it's best to focus now on getting him help with an appeal if you think he has grounds.

[sargeant]

quote sticks

my friend didn't expect his pension to be stopped

It was NOT his pension that was stopped it was the pension credits (that he was NOT entitled to claim) that were stopped.

His pension whatever that is for 10 years of NI contributions is being taken to pay back the money he received but was NOT entitled to.
As for any pension increases he received during that 8 years they will be taken as well (we that live here are not entitled to the raises)
I would guess that once the over-payment is paid he will start to receive his pension again how long that will take will depend how much of over-payment and how much his pension pays back

edited to add
A full state pension based on 30 years contributions as of 30/12/2012 was 111.15 pounds
10 years contributions i would guess at one third is 37.05 pounds a week
maybe you can work out approximately how long it will take to pay it back if you know the over-payments recieved

[caller]

I would guess that once the over-payment is paid he will start to receive his pension again how long that will take will depend how much of over-payment and how much his pension pays back

It doesn't work like that. If there is any underlying entitlement to a pension, irrespective of what shouldn't have been claimed, that will continue to be paid and an amount deducted each week for recovery purposes. The amount deducted is governed by the regs, but the amount recovered is higher in fraud cases. He'll probably still owe after his passing, then they might go after any estate depending on the value of the outstanding overpayment.

I'm not sure if pension credit is covered by the '1 strike rule', but if it is, he could be disqualified from receiving his pension for a few weeks.

[STEVE G]

Work until you drop, it's the revised pension scheme!

[sargeant]

Cricketer wrote Sep 17 2011 Re lost Australian disability pension

They concentrated on Spain and Portugal last year and netted many people falsely claiming UK benefit while living abroad by using this cross reference.

Seems they are concentrating on Asia and Thailand in particular now

with 2 known cases (in a pretty short time frame) and many unknown it makes one wonder just HOW MANY

[richard]

Well I'm one who got caught. They did a means test and then determined how much a month I was to pay back.

I had received annual increments to my pension and they were in the know about my situation. I live in Thailand but visit the UK once a year and have a UK address, bank and doctor.

Then I was labelled the guilty party and accused of fraud. This was presumably because I missed an annual visit a couple of times

No point in fighting you're just

[sargeant]

Richard The reason i posted my last post was because the Govt are claiming it is costing 420,000,000 quid a year for 220,000 widows worldwide
Just how many are Thai widows is not stated but to stop the widows pensions completely seems to be small beer when compared to how much is payed out to people that are not entitled.
As it is it seems petty jealousy and corrupt politics driving it but more importantly they should be able to afford to pay widows pensions to those that have paid their dues if they could stop the abuses.

I will however agree the people working in DWP DHSS and the inland revenue don't seem to understand the system and rules themselves so how the hell they expect normal people to understand them beggars belief

[Dannie Boy]

Richard The reason i posted my last post was because the Govt are claiming it is costing 420,000,000 quid a year for 220,000 widows worldwide
Just how many are Thai widows is not stated but to stop the widows pensions completely seems to be small beer when compared to how much is payed out to people that are not entitled.
As it is it seems petty jealousy and corrupt politics driving it but more importantly they should be able to afford to pay widows pensions to those that have paid their dues if they could stop the abuses.

I will however agree the people working in DWP DHSS and the inland revenue don't seem to understand the system and rules themselves so how the hell they expect normal people to understand them beggars belief

I think you've picked up on an important point Sarge, the problem is that each year the rules are changed so even the so called "experts" who work for the DHSS struggle to keep up with the latest edicts, so poor old joe public has no chance.