Frozen state pensions is the practice of the British Government of "freezing" UK State Pensions, (that is, not uprating the amount in line with "Triple Lock" on an annual basis, as is done for residents in the UK), for pensioners who live in the majority of other countries, apart from the European Community countries and other countries with reciprocal agreements with the UK.
Groups that have been lobbying to remove this discrepancy include the Canadian Alliance of British Pensioners (CABP) and British Pensions in Australia (BPIA), which jointly own the International Consortium of British Pensioners (ICBP). There is also an All-Party Parliamentary Group on Frozen British Pensions in the UK Parliament.
All British state pensioners receive their pension based on the level of their compulsory and voluntary contributions to the National Insurance Fund. Pensioners resident in Britain, receive an annual uprating known as the "triple lock" – the higher of the increase in CPI (price inflation), average earnings growth, or 2.5%. [1] [2] In 2024, the increase was 8.5%. [3] However, if the pensioner moves abroad, the annual uprating depends on where they live, with residents of most countries receiving no annual uprating. [4]
The only other countries in which the UK state pension rises in the same way as UK state pensioners are: the European Union countries (which continued after Brexit [5] [6] ); Switzerland; Barbados; Bermuda; Bosnia-Herzegovina; Guernsey; Isle of Man; Israel; Jamaica; Jersey; Mauritius; Montenegro; North Macedonia; the Philippines; Serbia; Turkey; and the United States of America. [7]
Most British Commonwealth countries are in the frozen list; [8] including Australia, Canada, South Africa, New Zealand, and India, as well as British overseas territories such as the Falkland Islands. Thailand is also on the list. [9]
Pensioners who return to the UK can get their pension uprated to the full amount by applying to the Department for Work and Pensions, but this rate only applies so long as they are in the UK. [10]
As of April 2022 [update] the number of pensioners affected is around 492,000, with some of the oldest of these receiving only £30 to £40 a week, instead of the £185.15 full state pension they would be receiving if in the UK or one of the eligible countries. Included among the group of older pensioners missing out are Albert Johnson, a 103-year-old veteran of World War II, and his 95-year-old wife, Mary, who now live in Western Australia. [9] [11]
For men born before April 1951 and women before April 1953, the basic State Pension is £169.50 a week from April 2024, if living in the U.K. or an eligible country. [12] However, people who retired in a non-eligible country in 2000, when the full basic rate was £67.50 a week in 2000, will still be receiving the same rate.
A 2021 enquiry by the All-Party Parliamentary Group on Frozen Pensions (one of many APPGs) in the UK Parliament found that one in two of the approximately 230,000 frozen pensioners in Australia were receiving £65 UK pounds or less. [6]
During and since the Carson case, various groups and individuals have been lobbying politicians both in the UK and in the countries in which the pensioners are resident, and petitions have been raised. [13]
There is an international consortium of lobby groups, funded by the member organisations, British Pensions in Australia (BPIA) [14] and the Canadian Alliance of British Pensioners (CABP), [15] funded by the memberships and donations of individual members. BPIA and CABP jointly own the International Consortium of British Pensioners (ICBP), [16] and they liaise with the All-Party Parliamentary Group on Frozen British Pensions (APPG) in the UK Parliament. [17]
As of 2022 [update] Sir Roger Gale, Conservative MP for North Thanet, is chair of the Frozen Pensions APPG. [18] In 2015 he wrote a letter to all parliamentarians inviting them to join the group. [19] There are three vice-chairs from the House of Lords and all major parties are represented among the seven vice-chairs. [18] [6]
The APPG submitted a report based on around 800 submissions to Parliament in 2021, stating its concerns about the effects of the policy on British war veterans, former public servants, members of the Windrush Generation who had returned to their country of birth, and many others. [6]
Anne Puckridge, an expatriate living in Canada, who was 93 years old in 2018 when she delivered a petition to Downing Street, [20] is the ambassador of the ICBP as of 2022 [update] , [21] and she has been campaigning since 2001 for pension parity. [22] She is a former college lecturer and served as an intelligence officer in the Women's Royal Naval Service during the Second World War. [21]
It was revealed in the 2021 APPG report that the Australian Government had made a series of representations to the British Government over several years, including at Ministerial level, to no avail. The UK frozen pensions policy means that Australia subsidises UK pensioners resident in Australia. [6]
In April 2002, writer Annette Carson, a UK pensioner resident in South Africa, challenged the policy in the English High Court under the Human Rights Act 1998, but the judge ruled against her, stating in the judgment that the up-ratings issue was a political one, not a judicial one. An appeal to the Court of Appeal (2003) failed, as did an appeal to the House of Lords (2005) and the European Court of Human Rights (2008).[ citation needed ]
A subsequent referral to the Grand Chamber of the European Court of Human Rights in 2009–2010 said that it did not consider that the applicants, who were resident outside the UK in countries which were not party to reciprocal agreements, were in a relevantly similar position to residents of the UK or of countries which did have such agreements. It, therefore, held (by eleven votes to six) that there had been no discrimination. [7]
Andrew Richard Rosindell MP is a British Conservative Party politician who has served as the Member of Parliament (MP) for Romford since 2001.
Sir Peter James Bottomley is a British Conservative Party politician who served as a Member of Parliament (MP) from 1975 until 2024, last representing Worthing West. First elected at a by-election in the former constituency of Woolwich West, he served as its MP until its abolition at the 1983 general election, and then for the Eltham constituency which replaced it, until 1997. He moved to his last constituency at the 1997 general election, which he lost to Labour's Beccy Cooper in the 2024 general election.
The State Pension is an existing welfare benefit that forms part of the United Kingdom Government's pension arrangements. Benefits vary depending on the age of the individual and their contribution record. Currently anyone can make a claim, provided they have a minimum number of qualifying years of contributions.
An all-party parliamentary group (APPG) is a technical group in the Parliament of the United Kingdom that is composed of members of parliament from all political parties, but have no official status within Parliament.
ICBP may refer to:
R (Carson) v Secretary of State for Work and Pensions and R v Secretary of State for Work and Pensions were a series of civil action court cases seeking judicial review of the British government's policies under the Human Rights Act 1998. They related to the right to property under Article 1 of the First Protocol and prohibition of discrimination under Article 14 of the convention. In Reynolds's case, there was also Article 8 of the European Convention on Human Rights (ECHR), the right to respect for "private and family life" to be considered, as well as Article 3 of the ECHR, the prohibition of torture, and "inhuman or degrading treatment or punishment".
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The APPG for Human Rights, alternatively known as the Parliamentary Human Rights Group (PHRG) is a group within the Parliament of the United Kingdom consisting of members from all political parties. Its role is to promote and facilitate human rights work by politicians who usually spend most of their time dealing with matters that affect their local constituency.
R (Carson) v Secretary of State for Work and Pensions & Another [2002] EWHC 978 (Admin) was heard in the Administration Court of the Queen's Bench Division in the High Court of Justice on 22 May 2002 before the Honourable Mr. Justice Burnton.
Carson & Another v Secretary of State for Work and Pensions [2003] EWCA Civ 797 was heard in the Court of Appeal in the Supreme Court on 17 June 2003 before Lord Justice Brown, Lord Justice Laws, and Lord Justice Rix.
R (Carson) v Secretary of State for Work and Pensions [2005] UKHL 37 was heard by the Lords of Appeal in the House of Lords on 26 May 2005 before Lord Nicholls, Lord Hoffmann, Lord Rodger, Lord Walker, and Lord Carswell.
Carson and Others v The United Kingdom [2008] ECHR 1194 was heard by the European Court of Human Rights (ECHR), Fourth Section in Strasbourg on 4 November 2008 appeal from the Appellate Committee of the House of Lords before Lech Garlicki (President); Nicolas Bratza; Giovanni Bonello; Ljiljana Mijović; David Thór Björgvinsson; Ledi Bianku; Mihai Poalelungi.
Carson and Others v The United Kingdom [2010] ECHR 338 was heard by the European Court of Human Rights (ECHR), in Strasbourg on 16 March 2010 on appeal from the European Court of Rights (ECHR), Fourth Section before Jean-Paul Costa (President), Christos Rozakis, Nicolas Bratza, Peer Lorenzen, Françoise Tulkens, Josep Casadevall, Karel Jungwiert, Nina Vajić, Dean Spielmann, Renate Jaeger, Danutė Jočienė, Ineta Ziemele, Isabelle Berro-Lefèvre, Päivi Hirvelä, Luis López Guerra, Mirjana Lazarova Trajkovska, Zdravka Kalaydjieva.
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: CS1 maint: others (link) − links to PDF of Briefing Paper Number CBP-01457, Frozen overseas pensions by Djuna Thurley and Rod McInnes