header-logo header-logo

Expats lose human rights appeal in pensions case

27 March 2010
Issue: 7410 / Categories: Legal News
printer mail-detail

British expats are not entitled to have their pensions index-linked, the European Court of Human Rights has ruled

In Carson and Ors v UK (App No 42184/05), 13 claimants argued their state pensions should be up-rated to bring them in line with pensioners living in the UK.

They claimed the difference in treatment amounted to discrimination and breached Art 14 of the European Convention on Human Rights.
Some 500,000 pensioners living abroad would benefit from up-rating.

However, the court found they were not in the same position as pensioners retiring in the UK or in a country with which the UK has a reciprocal agreement.

There were too many economic and social variables to allow for a comparison between pensioners in the UK and abroad.

The court did not consider the applicants’ payment of National Insurance contributions “to be of any more significance than the fact that they may have paid income tax or other taxes while domiciled there”.

Carson, who lives in South Africa, receives £67.50 a week compared with the £95.25 given to UK pensioners.
 

Issue: 7410 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll