Thawing UK Frozen Pensions

CO-CO

Rather wrinkly & occasionally cantankerous member
I posted this one on ASEAN NOW I thought it might be interesting to see SF members' opinions.



A friend was looking at getting his UK state pension increased by going back to the UK for 6 months.

His story is that he came here at 65 years of age and didn't tell the UK authorities that he had moved to Thailand. After 3 years his pension payment was stopped because a life certificate had been sent to his son's address - and the son had moved without anyone thinking to tell DWP. He said that he was in Thailand and had decided to stay permanently, so his pension was frozen at that point.

He is now 76 years old and interested in the possibility of 'thawing' his pension. Bar stool experts had told him that he could go back to the UK for 6 months, claim an increase to current levels, then return to Thailand. That is partially true but he did not realise that he could not legitimately keep the increases on his return - the payments revert to the previous frozen level.


He asked me if I thought there was a way round it.

I replied that there was; but he would have to lie about his visit to the UK and he would have to lie (by not advising DWP) about his return to Thailand.


Rather like recent posts about claiming the state pension on the basis of being UK based vs Thailand based, it becomes a moral question.

Here, let me declare my hand. I spent most of my working life in the banking industry where I think I played everything with a straight bat - and there was little/no opportunity to make a discretionary decision to play outside the rules. After that I ran my own businesses and became more street-wise, discovering the opportunities to 'play the system'. I quickly realised that the authorities give you sod all and are quick to take anything or put up obstacles to doing business. They are also not the sharpest at policing their own regulations.

I think everyone agrees that freezing UK Pensions for expats in Thailand is not fair, and (despite numerous petitions/legal cases etc) no government is going to reverse the decision. But, the door is open for those who want to take justice in their own hands. I am not for one moment encouraging any righteous person (note, I genuinely avoided 'self-righteous') to do something that they are uncomfortable with - and any natural justice in this context carries it's own risks. I am looking forward to Brit Man Too expressing how simple and (relatively) risk free it actually is....... which is true IMO.

Lie, remember the lie and repeat the lie is the mantra for my friend to maximise the thawing of his pension. In his case, after a nominal increase in tax liability, and after the anticipated 10% rise in April, he would take home an extra 100,000+ Baht per annum (and receive future annual increases). The risk is simply that of being caught out; he wasn't smart last time and many experienced posters on here know that this is not a 'benefit fraud' and therefore has minimal consequences if 'caught'.

For him, he could simply visit his son for a month. Tell DWP that, for health reasons, he is returning to the UK to live with his son. Return to Thailand. Job done. Understand the lie and live with it; be prepared for any subsequent challenge via life certificate or other.

I wonder how the members of ASEAN NOW will view this one.

(Please note - please do not fire your bullets at me; I am not recommending any illegitimate actions - I am simply highlighting how a friend of mine could 'unfreeze' his UK pension.
 
I assume (dangerous, I know) that the son would have to pay council tax for him living in his abode???,

Good point.

I doubt that would be declared......and DWP are not joined up with local authorities.

Not directly related but I think you are allowed up to 6 months out of the country..... Prakhonchai Nick might be able to confirm that.
 
Don,t know what Brexit did to UK state pensions in Europe.

Getting an address say Spain or Portugal, would that avoid some issues ?

Just asking
 
The UK state pension is increased each year for pensioners living in the UK and a number of other countries as per the list posted above by CO-CO. Unfortunately however, those of us living in Thailand, and that fact being known to the DWP results in us having a frozen pension.

Those whose pensions are not frozen, have the right to travel/remain outside the UK for up to 6 months a year and still be eligible for uprating of state pension in April each year

Re CO-CO's comment on his original post..."many experienced posters on here know that this is not a 'benefit fraud' and therefore has minimal consequences if 'caught'. I would disagree with his opinion. It is surely a benefit fraud, when one lies about ones location with the intention to receive a larger benefit. The consequences, if caught, will surely be the requirement to repay the extra money received due to providing false information. This would most likely be recovered over a period of time by a reduction in the amount of pension paid.

On a similar note, when my son was born here in 1999, I was told by the tax credit people that I could claim for him, despite him not being in the UK. I queried it, but was assured I was eligible. Some 2 years later, however, the monthly payments were stopped and 6 months after that I received a demand for repayment. This was spread over 2 years, no interest charges, and in fact I benefited due to the exchange rate over the period.
 
I believe what you state, is correct Nick as a fellow expat here in SSK had his pension vastly reduced as a method to repay funds incorrectly claimed previously. He then had a method for not paying and that was to die!!!!

R.I.P. Dave (ex-AJ Bull driver in Mitcham,Surrey)
 
The UK state pension is increased each year for pensioners living in the UK and a number of other countries as per the list posted above by CO-CO. Unfortunately however, those of us living in Thailand, and that fact being known to the DWP results in us having a frozen pension.

Those whose pensions are not frozen, have the right to travel/remain outside the UK for up to 6 months a year and still be eligible for uprating of state pension in April each year

Re CO-CO's comment on his original post..."many experienced posters on here know that this is not a 'benefit fraud' and therefore has minimal consequences if 'caught'. I would disagree with his opinion. It is surely a benefit fraud, when one lies about ones location with the intention to receive a larger benefit. The consequences, if caught, will surely be the requirement to repay the extra money received due to providing false information. This would most likely be recovered over a period of time by a reduction in the amount of pension paid.

On a similar note, when my son was born here in 1999, I was told by the tax credit people that I could claim for him, despite him not being in the UK. I queried it, but was assured I was eligible. Some 2 years later, however, the monthly payments were stopped and 6 months after that I received a demand for repayment. This was spread over 2 years, no interest charges, and in fact I benefited due to the exchange rate over the period.
Child benefit is a benefit.

State Pension is an entitlement.

People have been imprisoned for benefit.

Not one person has been criminally charged with a false/non-declaration on State Pensions.
 
I am not from the UK,
I am curious as to why the pension increases are payed in so many countries and not Thailand.
 
I am not from the UK,
I am curious as to why the pension increases are payed in so many countries and not Thailand.

I think that 'reciprocal tax agreements' are cited as a reason.




 
I think that 'reciprocal tax agreements' are cited as a reason.




Unless your an M.P.


(Jobs for the boys)
 
I believe what you state, is correct Nick as a fellow expat here in SSK had his pension vastly reduced as a method to repay funds incorrectly claimed previously. He then had a method for not paying and that was to die!!!!

R.I.P. Dave (ex-AJ Bull driver in Mitcham,Surrey)


How did DWP find out that he had claimed incorrectly?
 
Don,t know what Brexit did to UK state pensions in Europe.

Getting an address say Spain or Portugal, would that avoid some issues ?

Just asking


Just give them any UK address ..... they don't check.

In fact the DWP admit they have no current address for 40% of pensioners.
 
How did DWP find out that he had claimed incorrectly?
Good question and to be fair, I'm not 100% sure of the circumstances. He acted as a witness to a friend's court case (I think) and they picked up his correspondence address that way ( I think)
 
Just give them any UK address ..... they don't check.

In fact the DWP admit they have no current address for 40% of pensioners.

There is one little flaw in the story above. Once every couple of years or so, DWP sends out a Life Certificate form to be completed by the pensioner. If they fail to complete and return the said form within the allotted timescale, say 30 days or so, DWP will cease all future payments. So if a claimant is not living where he says he is, or never receives said form, he may well lose his pension payments.

Child benefit is a benefit.

State Pension is an entitlement.

People have been imprisoned for benefit.

Not one person has been criminally charged with a false/non-declaration on State Pensions.
Contrary to what has been written above, the State Pension is a Benefit, not an Entitlement. See: https://petition.parliament.uk/archived/petitions/121267
 
Good question and to be fair, I'm not 100% sure of the circumstances. He acted as a witness to a friend's court case (I think) and they picked up his correspondence address that way ( I think)


Unlikely - but no matter.


Just interested so I can get a balanced picture of the risks involved in making an 'incorrect claim'.
 
There is one little flaw in the story above. Once every couple of years or so, DWP sends out a Life Certificate form to be completed by the pensioner. If they fail to complete and return the said form within the allotted timescale, say 30 days or so, DWP will cease all future payments. So if a claimant is not living where he says he is, or never receives said form, he may well lose his pension payments.


Contrary to what has been written above, the State Pension is a Benefit, not an Entitlement. See: https://petition.parliament.uk/archived/petitions/121267


Noted.

It is not treated as such in terms of action taken for 'fraud'.


As in Nick's child benefits case, overpayments of pension should be repaid. It happened with a (now deceased) resident of Lahansai. His pension payment was stopped and he rather foolishly admitted to living in Thailand for 5 years. He was asked to pay back the overpayments and those repayments were agreed at five Pounds a month. No further action taken.
 
There is one little flaw in the story above. Once every couple of years or so, DWP sends out a Life Certificate form to be completed by the pensioner. If they fail to complete and return the said form within the allotted timescale, say 30 days or so, DWP will cease all future payments. So if a claimant is not living where he says he is, or never receives said form, he may well lose his pension payments.


Not true.


As I have just learned, DWP life certificates are not sent to UK addresses.


(even if they were you would be using the address of a trusted friend/relative).


A pensioner will never lose his pension payment. In the case of non-return of a life certificate the payments are suspended until DWP receive a call that satisfies them that the claimant is still alive.
 
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