State Pension Support in UK Law

Leading Cases
  • Abdirahman v Leicester City Council
    • Court of Appeal (Civil Division)
    • 05 July 2007

    It seems to me plain that UK law makes a distinction between a right to reside, which is conferred only on British citizens, certain Commonwealth citizens, qualified persons as defined by the Immigration (European Economic Area) Regulations 2000 and the various additional categories mentioned in the definition of “persons from abroad” such as refugees, those with indefinite leave to remain and those to whom exceptional leave to remain has been granted, on the one hand, and any lesser status, in particular that of an EEA national who is in this country having entered lawfully, has committed no breach of immigration law, but is not a qualified person and therefore does not enjoy the benefit of regulation 14 which confers a “right to reside”.

    I accept Mr Sales' proposition that the European cases show that, in this area, the scope of application of the Treaty, for the purposes of article 12, includes both cases where a right of residence arises directly under the Treaty and those where it arises separately under the law of the Member State. It does not extend to cases where no right of residence exists under either the Treaty or the relevant domestic law.

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Legislation
  • Welfare Reform and Work Act 2016
    • UK Non-devolved
    • January 01, 2016
    ... ... about reports on the effect of certain support for troubled families; to make provision about ... of each financial year, the Secretary of State must issue a notice—(a) specifying the ... 1992) ,(k) universal credit,(l) widow's pension (see section 38 of the Social Security ... ...
  • Pensions Act 2014
    • UK Non-devolved
    • January 01, 2014
    ... ... 2016/1050), reg. 2(2) ... Part 1: State pension ... Introduction ... 1: State pension ... included a reference to bereavement support payment under section 30 of this Act ... (2) ... ...
  • The Welfare Reform (Northern Ireland) Order 2015
    • UK Non-devolved
    • January 01, 2015
    ... ... : jobseeker's allowance and employment and support allowance); ... (c) Article  107 ... -(1) Until such date as the Secretary of State may by order made by statutory instrument ... not reached the qualifying age for state pension credit, ... (c) is in Northern Ireland, ... ...
  • Pension Schemes Act 2021
    • UK Non-devolved
    • January 01, 2021
    ... ... of a description specified in regulations made by the Secretary of State ... (2) In subsection (1) the available assets of the scheme means all ... notices where avoidance of employer debt) ,(b) a financial support direction under section 43 (financial support directions) ,(c) a ... ...
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Books & Journal Articles
  • Institutional Mismatch, Party Reputation, and Industry Interests: Understanding the Politics of Private-Heavy Pension Systems
    • No. 66-3, August 2018
    • Political Studies
    Private-heavy welfare systems, in which low or moderate state benefits are topped up by private welfare arrangements, are expected to undermine political support for the extension of social rights ...
    ... ... Abstract Private-heavy welfare systems, in which low or moderate state benefits are topped up by private welfare arrangements, are expected to ndermine political support for the extension of social rights and perpetuate benefit fragmentation ... ...
  • Trade unions and the pension crisis: defending member interests in a neoliberal world
    • No. 35-3, April 2013
    • Employee Relations
    • 294-308
    Purpose: The purpose of this paper is to draw upon empirical research in order to demonstrate the ways in which trade unions have responded to the so‐called current UK pension crisis. Design/metho...
    ... ... that are committed toneoliberal reforms to the British welfare state.Research limitations/implications – The scope of the paper is large and ... for, and work towards, ideologicalends, principally the support of neoliberalism, which represents contemporarycapitalism’s ruling ... ...
  • Building a case for evidence: research at the International Records Management Trust, Rights and Records Institute
    • No. 10-1, April 2000
    • Records Management Journal
    • 9-22
    The availability of documentary evidence strengthens civil society by helping to protect legal rights and prevent human rights violations. Legal redress, voting rights, land registration and pensio...
    ... ... , votingrights, land registration and pension claims all depend upon the availability ... loss of control of records undermines the state’s abilityto protect the people. Furthermore, in ... governments to manage public records in support of citizen’s rights andto make public sector ... ...
  • Dementia in the workplace: a review
    • No. 14-1, March 2015
    • Journal of Public Mental Health
    • 24-34
    Purpose: – Recent changes affecting state pension age, and earlier diagnosis, will result in more people with dementia in employment. The purpose of this paper is to establish the nature of support...
    ... ... AbstractPurpose –Recent changes affecting state pension age, and earlier diagnosis, will result ... this paper is to establish the nature of support that would enable/enables people with dementia or ... ...
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Law Firm Commentaries
  • So How Are Those 'Pension Freedoms' Working Out?
    • Mondaq UK
    ... ... retire today will live a reasonably long time and need finances to support themselves. The state pension, whether the old one or the single tier ... ...
  • Pensions In 2016
    • Mondaq UK
    ... ... as more and more layers are added to UK pension regulation ... And if 2015 was an interesting ... Contracting out and the state second pension ... Up to April 2016, the UK's ... which is not something that alone will support a comfortable retirement. Then there is the state ... ...
  • Pensions in 2016
    • JD Supra United Kingdom
    It is becoming a truism that in pensions each year is more interesting than the last. Interesting for lawyers that is as more and more layers are added to UK pension regulation.
    ... ... as more and more layers are added to UK pension regulation ... And if 2015 was an interesting ... Contracting out and the state second pension ... Up to April 2016, the UK's ... which is not something that alone will support a comfortable retirement. Then there is the state ... ...
  • So How are Those "Pension Freedoms" Working Out?
    • JD Supra United Kingdom
    In April 2015 the UK woke up to a world of freedom. Pension freedom. From that date if you had a defined contribution pension pot and were 55 or over, it was up to you what you did with the money. ...
    ... ... retire today will live a reasonably long time and need finances to support themselves. The state pension, whether the old one or the single tier ... ...
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Forms
  • Form D81
    • HM Courts & Tribunals Service court and tribunal forms
    Forms to apply for a divorce, dissolve a civil partnership or legally separate, including the D8 application and financial order forms.
    ... ... Financial agreements ... 6. Please state how the attached proposed consent order was ... Net capital excluding ... pensions and Pension ... Protection Fund (PPF) ... compensation ... wages, state benefits, child support and maintenance payments, pension or ... PPF ... ...
  • Financial statement for a variation of an order for a financial remedy
    • HM Courts & Tribunals Service court and tribunal forms
    Forms to apply for a divorce, dissolve a civil partnership or legally separate, including the D8 application and financial order forms.
    ... ... 2. Dependents (People you support financially) ... Children living with you ... other, please state ... jointly owned property ... council property/ ... Other state benefit(s) ... My pension(s) ... Others living in my home give me ... Other ... ...
  • Financial statement for a financial order (Matrimonial Causes Act 1973 / Civil Partnership Act 2004) / for financial relief after an overseas divorce etc
    • HM Courts & Tribunals Service court and tribunal forms
    Forms to apply for a divorce, dissolve a civil partnership or legally separate, including the D8 application and financial order forms.
    ... ... : You need to supply details of any Child Support Agency/Child Maintenance Service ... assessments, ... the court with details of all your pension rights, and any ... Pension Protection Fund ... should get a valuation of your additional state pension by requesting form BR20 ... from the ... ...
  • Form COP44A
    • HM Courts & Tribunals Service court and tribunal forms
    Court of Protection forms including the COP1 application to make decisions on someone's behalf.
    ... ... • Income-related Employment and Support Allowance (ESA) ... • Income Support ... • ... • Pension Credit - Guarantee Credit ... We’ll contact the ... • pensions (state, work or private without guarantee credit) ... ...
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