× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

Forum Home  →  Discussion  →  Benefits for older people  →  Thread

SRP and working abroad

BC Welfare Rights
forum member

The Brunswick Centre, Kirklees & Calderdale

Send message

Total Posts: 1366

Joined: 22 July 2013

Client is about 5 years off pension age, has 22 years NI contributions in UK and paid Dutch National Insurance for 11 years whilst working in Holland. I’ve looked at CPAG and REGULATION (EC) No 883/2004 on the coordination of social security systems. These make clear that NI contributions paid abroad count towards years needed to make up minimum contributions needed for pension in the member state in which they reside. However, what I am not clear about is how the pension is actually paid.
in this case, the DWP are saying that they will pay his pension in pounds based on 22 years and he will need to claim separately to get his 11 years worth paid in Euros by the Dutch.
Is this really right?
Can the pension not be consolidated into 33 years and paid in pounds sterling?

[ Edited: 18 Feb 2014 at 11:06 am by BC Welfare Rights ]
WillH
forum member

Locum adviser - CPAG in Scotland

Send message

Total Posts: 369

Joined: 17 June 2010

The principle is that the client should not lose out through having exercised his freedom of movement. Here, I think the issue is that if entitlement to any UK pension at all depended on his Dutch NI, aggregation could be used to give him the minimum period of insurance. But here, he is already entitled to some UK pension based on his NI here. So it may be right in this case that the proportion of benefit he is entitled to based on his working life in the Netherlands is paid by them - have a look at article 52 of Reg 883/04