Might the Pension Service be in breach of HRA 1998 first protocol in that they refuse payment of Pension Credit benefit to me unless I am resident in UK, refuse to give a reason for this comparatively recent change in the rule rules which formerly did pay benefit to overseas residents otherwise qualifying for benefit? In breach specifically by interfering with or preventing 'peaceful enjoyment of possessions' and refusing to provide "objective justification" for the rule? Just had reply from lawyer who says he does not know answer but will research it for £500 which would take me about 5 months to save and of course, the answer might be what I suspect: "no". Clues, tips, any positive 1 liners much appreciated. Jack XXX
So you are not resident in the UK, but you wish to assert Treaty rights, is that correct?
I am resident in the UK. I wish to reside abroad as those in receipt of contributory state pension are entitled to do, and as pension credit recipients WERE formerly entitled to do. The Pension credit rules were however altered to deny the right of Pension Credit recipients to receive their pension credit for longer than 13 weeks whilst abroad. I want to kmnow if under the terms of the HRA 1998 I might be able to challnge this rule as not meeting the criteria of objective justification for example as in the best interests of the majority of british people
If you are going to the EU then you may still be entitled to the benefit.
But if you are not going to the EU but outside then you wont be entitled to it
Protocol 1 is not an absolute right - it is qualified
This means that it can be limited by law,
Sadly I suspect that the answer is no
Even if you wanted to take it to Court you need to exhaust all avenues of appeal in the UK before you can go to the European Court on Human Rights
You may not get legal aid for this
But generally if it is a benefit based on UK residence and you are not resident in the UK then generally you would not be entitled to it
You appear to be ignorant. My MEP already established that the Free Movement Directive specifically excludes the right of recipients of non contributory benefits to receive their benefits whilst resident in other EU countries.
Ignorant? That is not correct. For example you can receive a UK pension abroad
but how can you determine it does not contravene theHRA1998?
But the right is not absolute as I have said. It can be qualified by law.
Because that right is NOT absolute - plead read above
The right can be limited by law
The right to life, for example is an absolute right
That means that it can not be interferred with
But the right is qualified
Therefore it can be limited by law
Does that clarify?
but pension rules are not law, you are not answering my question. it looks as if pension credit is a possession and also, how are you determining if the residence rule is not a breach of the act?
Ok - then if I am not answering your question I will opt out and let someone else take over
Please do not respond to me as the system will think you are stuck
Another expert will be along to assist you I am sure
good luck with this I wish you well