durhamboy

I have been having the same problem and, having now read this thread, it is apparent that the problem is endemic. So a few thoughts and questions :- 1. Is it HMRC or DWP that are assuming the erroneous triple lock increases? DWP told me twice (in phone calls) that it is not them. My feeling is that it is HMRC that are instigating the problem but I'm not sure. 2. Is there anyone here whose SP is frozen and the correct amount is reported by HMRC in their Gateway a/c and they did not have to contact HMRC or DWP to correct it? In essence, does the system work properly for anyone? 3. Imo freezing our SPs is morally, and possibly legally, wrong. HMG expect us to be honest and tell them where we live so they can freeze them whilst we are having to pay tax on non-existent increases. So if anyone decides to inform DWP that they are relocating back to the UK when they are not then who can blame them? If they happen to be caught out doing this then the mitigation in any very unlikely court case would be "well you're taxing me as if I am back in the UK".

MartinL - thank you very much for redirecting me to this thread. Seems like the problem is endemic.

Are any British pensioners here experiencing income tax problems with their frozen state pensions? The frozen pension situation is another matter upon which I could write a length. However, the issue I have is that HMRC are assuming that I get the state pension annual increases when, as I live in Thailand, I don't. Whilst I don't pay income tax on my state pension I do have other private pension income and because HMRC have the wrong state pension amounts it therefore affects my tax coding and I am paying too much tax. It's galling to realise that not only is my pension frozen but I am also effectively paying tax on increases I don't get! I have tried to get to the source of these errors and find out who, HMRC or DWP, are making wrong assumptions about my state pension payments. I spoke at length to the International Pensions Centre and they are adamant that they do not supply pension payments amounts for individuals to HMRC. I find this hard to believe but in 2 calls to different people they both said the same. I also spoke to HMRC who said it is the DWP that supply them with the figures but they could not/would not tell me anything further about my particular case. Instead HMRC have issued me with erroneous tax assessments and have not responded to appeal letters by snail mail and notifications that I have made on my Government Gateway account. I also have a friend here in Thailand who thinks the same thing is happening to him. So my question is does anyone here have similar problems and what is the best way to fix everything? Many thanks.

Thanks howerde - I think you are right.

Thanks for the replies. My wife was in the UK with me for 8 years on a spouse settlement visa but she was unable to pass LITUK - she studied hard and took it twice but couldn't do it. So she never had ILR. So I got totally fed up with the UK visa system and the ludicrous expense of it and we emigrated to Thailand 2 years ago just when covid hit. However, despite covid (and actually because of it in some respects) this was a good move financially and at the moment we have no plans to return to the UK. We might in the future depending on circumstances so I was just wondering what her status would be if we returned for settlement. From what you guys have kindly told me, there are rules for people returning with ILR - 2 year max out of the UK etc. I was aware of that. However, there doesn't seem to be anything in black and white to cover our situation. I suspect that she would have to complete another 5 years before being considered for ILR regardless of how old she is. I would imagine that this situation has occurred in the past so it would be useful to hear from anyone with practical knowledge of it. Cheers.

As I understand it, a foreign spouse aged over 65 years does not need to pass the Life in the UK test (or any English tests) to be granted Indefinite Leave to Remain (ILR) in the UK. My Thai wife and I now live permanently in Thailand after having lived 8 years in the UK. So she previously stayed continuously for more than 5 years in the UK. My question is, should we decide to return to live in the UK when she is 65 years old, would she still have to stay another 5 years to qualify for ILR or could that be granted immediately? Many thanks.