solo46

3 minutes ago, vinny41 said:

Or a dwp fraud investigator trying to drum up new business to avoid being recalled back to the UK 

Like this   I have the extra money (unfrozen)    you ,do not.  Now that is not my fault(turkey voting for Christmas ,{remember)   I have stated before other threads you just may influence other posters making wrong decisions that undoubtedly will make life impossible to live in Thailand in a few short years,and statements like jail,cautions,fines are the most complete utter nonsense imaginable,...you put your head in the noose unnecessarily,you condemned yourself.  Anyone else do not make wrong decision

1 minute ago, vinny41 said:

repeat it all your want It doesn't matter you seem unable to provide a link to the relevant sub section of the pension act 

For anyone thinking of taking @solo46 advice I guess if caught and prosecuted your could try the form of defence I didn't know I was doing anything wrong I just listed to @solo46

Why link anything,its there  ,again(if you can read).....These forums are supposed to be used for information,not crap heaped on more crap.    Obv there is only one other poster here who can quote from DWP website,its not hard,its all available

       You should have asked specifically of any OA pensioner being prosecuted/warned/sanctioned/cautioned in FoI request,  can answer in one  NO

   Nobody caught,nobody prosecuted,  have a nice day   

1 hour ago, solo46 said:

looks as if quite a few posters not reading pension act. 

 

You were right re.jail.NHS in patient does require notification  admission/discharge.

 

   However pensions act states no fraud can be attached to recipient of pension,(punishment/sanction are the words)  likewise no penalty rendered....its all there read it...make a complete nonsense of the crap following on from page one on 'getting found out'

Voluntary supplying information is no more than a turkey voting for Christmas..most replies here are the work of the green eyed monster at work   ie... jealousy

   Just read the pensions act,its all there

All I can repeat is there, no punishment,no reclaiming money,nothing,,,can read and inwardly digest,pointless stating 'can do this' cannot do that'

 Just read the pensions act,specifically Old Age pensions,even more specifically 'penalties'......no punishments' or words to effect,  I'm standing by that,you can do what the hell you like  lol

4 minutes ago, vinny41 said:

Pensions Act 2014

Overseas residents

(1)Regulations may provide that an overseas resident who is entitled to a state pension under this Part is not entitled to up-rating increases.

(2)In this section “overseas resident” means a person who is not ordinarily resident in Great Britain or any other territory specified in the regulations.

(3)Regulations under this section do not affect the rate of an overseas resident's state pension for any period during which he or she is in Great Britain or a territory specified in the regulations (but once the overseas resident ceases to be in Great Britain or a specified territory the rate reverts to what it would have been had he or she not been in Great Britain or a specified territory).

(4)Regulations under this section do not affect the rate of a person's state pension once the person stops being an overseas resident.

You're automatically non-resident if either: you spent fewer than 16 days in the UK (or 46 days if you haven't been classed as UK resident for the 3 previous tax years) you work abroad full-time (averaging at least 35 hours a week) and spent fewer than91 days in the UK, of which no more than 30 were spent working.

 

 

 

You can and indeed bang on all you want to,and sincerely I hope you do,but it does appear you are mixing up taxation/pension        I am confident and quite quite comfortable with previous post    no fining,no money reclaimed     no effects whatever     again  specifically read the Old Age pension act   do not generalist   I agree with what you say if Pension Credits are referred to

On 4/15/2019 at 9:40 AM, maxcorrigan said:

In my case i did not tell them i was living in Thailand, about 10 months later my UK pension stopped dead, i contacted them via post as to to why this had happened, they said letters sent my old address had been returned, and to give my new address which i did, giving my Thai address, (as i had no other) they were very civil, i was not fined or asked to return the money overpaid, just my weekly pension dropped backed to where it was before i moved to Thailand since an yearly increase had happened in the above mentioned, i think it's very unfair to not get the paltry annual increase, which if you lived in Singapore you get, but not in Thailand!

Yes,this is the response you will always get,no fining,no money repaid,but it is there in the rules,they were doing you no favours.  My friend died in Thailand,been here 20 or so years unfrozen,took 3 years off his bereavement payment for wither fuel payments as amends.   The only fraud here would be his widow attempting to stuff his body under the floorboards to continue receiving his benefits

4 minutes ago, vinny41 said:

Freedom of Information request received on 22 July 2013

Can you advise me the number of benefit fraudsters living outside the UK that was 
detected last year? 

 Continuing to claim benefits after moving abroad and failing to declare the change of 
address to a country outside Britain. 
  Claiming benefits whilst abroad and being entitled to do so but failing to declare a change 
of circumstances whilst abroad. 
  Claiming benefits simultaneously in Britain and in another country.  
  Third Party abroad fraud which is when a third party in Britain is receiving benefit payments 
for a benefit customer who is living abroad and has failed to notify the Department of the 
change in the country of residence.  

https://www.whatdotheyknow.com/request/169835/response/417124/attach/html/3/FOI Response 3432.pdf.html

I do indeed hope it was helpful     keep reading the pensions act...and may I add  specifically Old Age Pensions,do not generalise

1 minute ago, transam said:

That is incorrect....UK pensions are deemed a benefit of which you must tell them all. If you do not then that is fraud as you are taking benefit money that maybe more than you are due.

Anyone for the Titanic  LOL  LOL    Just read the pensions act(if you can)  just read it.       Yes deemed 'benefit'  a non 'if found out' non-sanctionable.  You can notify all you want,but a non punishable, would become a laughing stock Cannot,(stop/ adjust benefit  (Their words)  ,it is the DWP that would be breaking the law   but not you suggest   lol       Anything else?   lol

On 4/13/2019 at 3:44 AM, Pilotman said:

It is only frozen as you put it, if you are no longer normally resident in the UK. Beware thinking that you are 'normally resident' in Thailand, you are not, at least not unless you do gain that status here, or become a Citizen. .  Any extension of stay here is merely a temporary permission to stay in Thailand for a period of 12 months, it is not a permanent residency.  That being so, if you tell the UK authorities that you are now not resident in the UK, but normally resident in Thailand, you are doing yourself a massive disservice.  Others will no doubt tell you that this is against the spirit and actuality of the law. As far as I know, this has not been tested in the UK Counts. My advice would be to maintain a UK address, maintain your place on the Electoral Roll, keep your UK bank, return to the UK every now and again, but no less than once every two extensions of stay (to maintain residency)  and come to Asia on an extended holiday.  

This is a good post,yes massive disservice is understatement,after i should think 3 years of being frozen sleepless nights,4 plus years with compounding nightmares... it adds up to 10% loss of income   10years 50% loss   Stated' never tested in court'   yes it has DWP took a couple or people to court  ,put the frighteners on sorta speak,....that confident of losing the DWP never turned up at the hearing,cannot exactly say DWP lost more of a withdrawal as floodgates would be opened

22 hours ago, cleopatra2 said:

See Pension Act section 2

looks as if quite a few posters not reading pension act. 

You were right re.jail.NHS in patient does require notification  admission/discharge.

   However pensions act states no fraud can be attached to recipient of pension,(punishment/sanction are the words)  likewise no penalty rendered....its all there read it...make a complete nonsense of the crap following on from page one on 'getting found out'

Voluntary supplying information is no more than a turkey voting for Christmas..most replies here are the work of the green eyed monster at work   ie... jealousy

   Just read the pensions act,its all there

1 minute ago, DaRoadrunner said:

See earlier posts by others here who say they were penalised.

 

Yes seen them,talking out of their arse.  Nothing to do with Old Age Pension,but as they have been frozen for absolute years and years,they get extremely jealous attempt to put frighteners on,imagine the ones unfrozen for years and years,the endless joy there

10 minutes ago, DaRoadrunner said:

Confusing.

 

We are not overseas residents here as we stay on temporary Non Immigrant Visas. Though I bet the DWP distorts the rules to their advantage.

 

So when one reaches pensionable age, what forms do they send you and what checks do they make?

 

In this age of computers, what records can they find on us?

 

Do they check your passport / travel records through airports?

 

Is it sufficient to have a UK residential address and a UK bank account regardless of whether you are in country or not?

 

The website makes clear you can qualify and remain resident based upon 'ties', which are listed in the information. 

 

Clearly some of us have been penalised and some got away with it as they declared they had a uk residence.

 

 

1 Yes ,you are right on number one,no they do not distort the rules,they are clear

2 you send bank details etc.  they do a days pension shot into your bank for you to confirm its reached the right goal

 3 only what you tell them

 4  For OAP no   but any other I should imagine ..maybe

  5 Yes,better to have pension paid into UK bank,then do transfers

  6 generally ties are for tax purposes, there are two issues here, do not confuse with pension

 7 nobody has ever been penalised on OAP level,nobody,says so in DWP rules too. Can be EU address if so wish        keep UK address   you will regret in years to come if you do any other,can also renew UK driving licence  etc.

3 minutes ago, sniggie said:

This is a matter that concerns me as a UK citizen so I apologise if this post appears a little long. I spend most of my time in Thailand and have done so since shortly after my retirement at the end of 2010.  I still maintain a property in the UK as my home address, all my pensions are paid into the same bank account that I have used for decades and all other financial matters (pensions, credit cards, share porfolios, driving licence etc.) are at that address. Indeed also is my Inland Revenue account(?) and I pay in excess of 5k GBP in income tax every year. I did investigate becoming an expat to see if my tax bill would reduce but I have too many connections with the 'old country' to be able to be classified as an expat for tax purposes. I spend time back in the UK each year but probably all in about 3 months. not long enough for it to be my permanent residence.  

 

Now, as I understand it, my state pension should be frozen. However all correspondence goes to my UK address and the pension is paid into a UK bank. This is exactly how it was set up in 2010. Nobody has ever asked me where I ordinarily live and I have never volunteered the information. Other posters are correct. it would not be difficult for the UK authorities to drill down and link my movements through border controls but I wonder if they have the desire to do so. As I understood it when I looked into the matter some years ago I would still be entitled to my full pension for the time that I was resident in the UK so, with my normal three visits a year, that would mean six adjustments in a year. Also, as the state pension is incorporated in the PAYE code that would mean several tax code changes. Surely that's one for the 'too difficult' file.

 

Now I like to think I'm basically an honest person. If I am challenged on this matter I will not lie. I will just have (as our transatlantic cousins would say) to suck it up. I am also fully aware that an apparently unjust law is still the law. However I will wait to be 'caught' before I comply. It does seem unreasonable to me that, despite paying tax and national insurance all one's working life, the place you decide to retire to is arbitrarily selected for a frozen pension. I understand the twisted logic as given for this, that it is to cover cost of living inflation in the UK. So why is Thailand one of the countries affected and, say, the Philippines is not. I don't at present resent paying Income Tax, I never have, but I might start to if my state pension is adversely affected by this seemingly iniquitous ruling.   

Up to you,everybody is in the same boat,....can guess the ones that are not,dire warnings pour forth,there is comfort to be had in a frozen land,for the few      For an estimated 55 thousand UK ex pats here in Thailand with a figure of only 5 thousand pensioners declared,tells a story    anyway they DWP cannot do a damned thing..its says so DWP rules

1 minute ago, Pilotman said:

Don't understand a word of that. 

The intended will though,for years banging on about crap,even when cornered had to admit it was sickness benefits,unemployment benefits,possibly pension credits,hang around a bit,  learn something...nothing to do with oap

Resident or not,cannot do a damned thing,no ,nothing stopped,there,glad tidings for all,those frozen..tough.keep at it

6 minutes ago, transam said:

Not from the Internet...

Now quite possibly this is where your wrongdoings in ascribing inaccurate quoting aspire from,yes indeed this is the font,or should I say non-font of your more than explicit dire warnings appear to spring forth from.  Please seek the font of truthfulness,it will benefit you

4 minutes ago, ThaiBunny said:

If you're knocked down by a car and are unconscious or have concussion and memory loss?  How soon after you're admitted do you have to report? Is there a form like the 90-day report in Thailand?

As soon as your memory comes back,if not possible at prayer meeting

Just now, transam said:

I don't like being called a liar.....If folk want to take a risk then that is fine, but folk posting here "No ploblem" then that is miss information...

 

Did you know if you LIVE in the UK and you go into hospital you "must" tell pensions....?....Well they might knock off a couple of pension quid for hozzy rations...????

Now herewithin(is that a word?) you are wrong.  Heavens forbid,calling you a liar?  no never...I did no such thing.   All I suggested you are quite possibility quoting an aid to memoir (is that a word?)  or unofficial source of your ,..can I say,rabbiting on

 Again all I ask,no ploblem I hope is where you indeed do garner the miss information

              Fanking You

12 minutes ago, transam said:

I know of three people that were found out living in LOS claiming their pension as living in the UK. None went to court...Why, because the UK gov had proof which would be daft to contested in a court of law..If they lost the case it's big money..

Two paid 1000 quid gov fine and had to pay back all the over payments. The third (my friend) did not have to pay a fine because he proved he had brain damage and his UK sister handled all his paperwork and she did not know of the Reciprocal Agreement thing regarding LOS, he still had to pay back I think 8 years over payment... 

Yes have witnessed these inconclusive meanderings of yours over the eons,...but but but...this goes against the official DWP website,...Is it a possibility? ,yes extreme possibility ?you are quite possibly quoting from an uninformed source....The booklet more than probably will state "official DWP rules" or something like, an unofficial copy of DWP website that quite possibly,and I only utter (quite) possibly you,yourself are referring to will not have that wording                                                                                                       Awaiting response

21 minutes ago, transam said:

That is incorrect....

If not correct,correct me then !!!

Awaiting correction If you so please

Need not be Thailand,anywhere actually,but for some reason frozen,not to worry,nobody has ever been penalised,even when informant has informed,cannot force a frozen penalty on you, or take money back,do not do it,long time to regret

11 hours ago, billd766 said:

Prove it.

 

Link it to something that can be verified and not the "I have a friend who said xxx".

 

I gave you a link that can be checked and verified.

 

All I get from you is nothing but your opinion.

 

Put up or don't bother to reply.

Had enough from this thread,it has been posted regularly over the years,links whatever,you just ignore the stuff and carry on regardless,never mind,it brings comfort I know to followers of same ilk..   Thats a joke,all this thread is 'my mate"...'I know someone"  etc etc etc,all its ever been.   Its there DWP site,IM not bothering,stay frozen

13 hours ago, cleopatra2 said:

This is plainly wrong , as evidenced that entitlement to state pension is suspended if the pensioner receives a custodial sentence

Well yes.or is an in patient in a nhs hospital,but then fine straws are being plucked here...Like this,discussed frequently, those unfrozen are still posting,those frozen are still posting,nothing changes,not bothered,not one bit,just the fact someone may just  be influenced to their detriment in future years,not may,but will.   Anyway 2.6 ain't bad,along with other pension rises,just get the pound up..perfect 

11 hours ago, solo46 said:

 

Not repeating that waffle,The OAP sits in a section that is removed from most other benefits,the same rules do not apply.    Cannot be reclaimed,reduced or stopped,only for proof of life it can be suspended,for the pensioner,no fraud can be committed and none directly penalised

12 hours ago, billd766 said:

Are you in the receiving the State Pension?

 

I have been getting mine since 2009 so 10 years of it.

 

Even before that time I talked to HMRC and found out what I was entitled to and was informed that as I live in Thailand the rate would be frozen from the day I got it.

 

If you are so sure of your facts why don't you post the relevant links to enlighten us all.

 

Meanwhile here is a starter for you.

 

http://www.welfare.ie/en/Pages/Overpayment-Recovery---Guidelines-on-the-Recovery-of-Debt-by.aspx

 

2. General information regarding overpayments

2.1 What is an Overpayment?

An overpayment is any social welfare assistance or benefit payment which the person who received the amount was not entitled to receive. While legislation and these guidelines relate to all overpayments in all statutory schemes, the same principles may be applied, on an administrative basis, to the non-statutory schemes such as Free Fuel, Back to Work Allowance etc.

2.2 What is a Debt?

A debt is any money owed to the Department arising from an overpayment to a person. A debt may consist of an overpayment or a number of overpayments. Where recovery is being sought for moneys owed to the Department, the amount sought should be the total debt outstanding and not just the amount of the individual overpayment.

Note: Where a debt consists of a number of overpayments any recovery received will be offset against the oldest overpayment first. The age of the overpayment is determined by the date of its entry on the ODM system.

2.3 How do Overpayments arise?

Overpayments can arise on foot of a revised decision by a Deciding Officer or a Designated Person (formerly Community Welfare Officer) and in certain other circumstances.