RETURNING TO UK ON DISABILITY PENSION?

[rachel smith]

Hello everyone,

I have just joined this forum and have found it very helpful. My current issue is that my desire to return back home in the uk is overwhelming. I went over in 2014 after a 33-year absence. I could not believe the effect it had on me. The moment I landed at Heathrow I felt 'complete' and since returning have thought of nothing else. But I have told myself numerous times that I have left it too late. Then a couple of weeks ago I thought 'left what too late—I am still alive'.

I am 63 years of age and have been on the Disability Pension for the last 10 years. Centrelink advised that I could return to the UK and continue receiving my pension indefinitely. But (there is always a but) it means I could lose my DSP and have to reapply all over again if I failed. They said most people decide to go no further due to all the hassle and paperwork involved. But I am so unhappy where I live (Social Housing) and the thought of 'this is it' for the rest of my life sends me to a very dark space. I do have family and relatives in the UK and very close to my brother who lives in Cornwall and is a great support.

My question is does anyone know of a free legal service of some kind who can help people like myself to go through all the paperwork and reapplying (I presume I will need to) for the DSP as I cannot claim the UK pension as I have not worked there for such a long time. I am aware I have a long road ahead and it is not going to be a cruise but need someone I can turn to when unsure what is required. So if there is anyone who knows of a possible advocate/lawyer type person and could lead me in the right direction I would much appreciate it.

Cheers - Rachel

[Marisawright]

I'm assuming you mean the UK disability pension, but what about the UK Aged Pension?  You'll be eligible to claim that when you reach age 66, assuming you paid NI contributions before you left the UK (you only need 10 years' worth to get a part pension, and if you're short, you can backpay a few years to make up the difference).

Of course, you'll also be entitled to the Australian aged pension, but only if you stay in Australia until you're 66.5 years old. It's a silly system, really - if you leave now, you can never claim the Australian aged pension, but if you wait till you're 66.5, you can claim the pension, and then you can continue receiving it forever no matter where you go.  

In your shoes, my plan would be

• get a State Pension forecast from the UK government now (see link below)
• apply for the British aged pension as soon as I'm eligible (you can do that from Australia, no problem);  
• apply for the Australian aged pension as soon as I'm eligible (they will take the UK pension into account when calculating your entitlement);
• get on a plane!

Once you're resident in the UK, you can also apply to have your work record in Australia up to the year 2000 recognised as counting toward a UK pension.   

https://www.gov.uk/future-pension-centre

Edited September 7, 2018 by Marisawright

[Tulip1]

I'm not sure any such legal help exists, cannot see what would be in it for them. The citizens advice bureau may be able to point you in the right direction. You say you currently live in social housing, where would you plan to live when you return to the uk? With your brother?

Edited September 7, 2018 by Tulip1

[rachel smith]

Thanks for replying and info.

 

I am referring to the Australian Disability Pension. I can return and continue receiving my Australian on indefinitely. BUT as I said it does mean I could lose it as it is a case of filling out various forms and have a complete overhaul. I am not eligible for the UK Pension as it has been many years since I last worked there (27 years of age). 

Regarding housing, fortunately, I can stay with my brother in Cornwall so have a base to start from. My latest thoughts - save enough money (at least ￡1000.00) to return to the UK and once I am there I can begin with the process. I have collected a number of sites that have been excellent and also spoken to various UK departments who have advised I am not eligible for the pension but can apply for ..... (sorry forgotten what words they used - have written it down somewhere just don't know where right now.

Being the type of person that I am I will probably return and once established begin the process of how I can survive over there. I will be eligible for the Australian Pension once turn 65 or is it 67 now. It keeps changing. But that is 21/2 years away.

One thing I have discovered is how costly it is to bring my dog with me. Approx $5000. That has thrown me and unsure what to do about it. for now, I am just continuing with my research and once enough info collected make my decision. All I know for sure is that I will return and hopefully sometime earlish 2019.

Wish me luck.

Cheers

Rachel.

[Toots]

42 minutes ago, rachel smith said:

Thanks for replying and info.

 

I am referring to the Australian Disability Pension. I can return and continue receiving my Australian on indefinitely. BUT as I said it does mean I could lose it as it is a case of filling out various forms and have a complete overhaul. I am not eligible for the UK Pension as it has been many years since I last worked there (27 years of age). 

Regarding housing, fortunately, I can stay with my brother in Cornwall so have a base to start from. My latest thoughts - save enough money (at least ￡1000.00) to return to the UK and once I am there I can begin with the process. I have collected a number of sites that have been excellent and also spoken to various UK departments who have advised I am not eligible for the pension but can apply for ..... (sorry forgotten what words they used - have written it down somewhere just don't know where right now.

Being the type of person that I am I will probably return and once established begin the process of how I can survive over there. I will be eligible for the Australian Pension once turn 65 or is it 67 now. It keeps changing. But that is 21/2 years away.

One thing I have discovered is how costly it is to bring my dog with me. Approx $5000. That has thrown me and unsure what to do about it. for now, I am just continuing with my research and once enough info collected make my decision. All I know for sure is that I will return and hopefully sometime earlish 2019.

Wish me luck.

Cheers

Rachel.

Good luck with all your plans Rachel.    Hope everything falls into place for you.  Just one thing   .............  and I may be wrong - I'm sure someone will come along with the correct information but don't you have to be living in Australia when you apply for the Aussie pension.  I don't know what your time frame plans are so maybe you are staying in Australia until you are of eligible pension age

Edited September 8, 2018 by Toots

[Marisawright]

1 hour ago, rachel smith said:

I will be eligible for the Australian Pension once turn 65 or is it 67 now. It keeps changing. But that is 21/2 years away.

If you're 63 now, then you should be eligible for the Australian age pension at 66.5.   However, if you leave Australia before that age, you won't get it.  You have to be resident in Australia for the two years leading up to the date you claim.  So you'd need to stay in Australia until that age, but you can fly out the day after you've got it.

Are you absolutely positive you can't claim any UK age pension?  I'm 65 and I left the UK 35 years ago. I claimed my UK pension last year. It's only a small amount, but if I went back to live in the UK now, I would claim my years working in Australia from 1985 to 2000, and that would more than double it.

[NickyNook]

Marisa is quite correct. If you worked legally for any length of time in the UK you will have made NI contributions which goes towards your UK pension. They start counting from age 16 (whether you worked at that age or not) and if - as you say - you worked there till you were aged 27 you should currently have 11 years worth of contributions. 11 years is currently enough years to claim a UK pension. You would receive either 11/35ths or 11/40ths (can't remember which) of the full UK pension rate. It is not means tested so you'd be nuts not to claim it. Your first step in doing that is find out your UK NI number and then get confirmation of how many years NI contributions you've made.

My husband worked in the UK from 1963 till 1967. Under the UK pension rules a few years ago, those five years worth of contributions made all those years ago were enough for him to get a small UK pension  which we receive in our bank account every month. I intend to claim a UK pension when I turn 66 in a couple of years. I only worked there for 8 years (I've since topped it up to the current minimum of 10 years) and not since 1979 but that makes no difference to my eligibility.

 

[VERYSTORMY]

Will just add that you may be eligible for UK disability benefits after being back in the UK for six months

[Chris N Lora]

On 07/09/2018 at 10:34, rachel smith said:

Hello everyone,

I have just joined this forum and have found it very helpful. My current issue is that my desire to return back home in the uk is overwhelming. I went over in 2014 after a 33-year absence. I could not believe the effect it had on me. The moment I landed at Heathrow I felt 'complete' and since returning have thought of nothing else. But I have told myself numerous times that I have left it too late. Then a couple of weeks ago I thought 'left what too late—I am still alive'.

I am 63 years of age and have been on the Disability Pension for the last 10 years. Centrelink advised that I could return to the UK and continue receiving my pension indefinitely. But (there is always a but) it means I could lose my DSP and have to reapply all over again if I failed. They said most people decide to go no further due to all the hassle and paperwork involved. But I am so unhappy where I live (Social Housing) and the thought of 'this is it' for the rest of my life sends me to a very dark space. I do have family and relatives in the UK and very close to my brother who lives in Cornwall and is a great support.

My question is does anyone know of a free legal service of some kind who can help people like myself to go through all the paperwork and reapplying (I presume I will need to) for the DSP as I cannot claim the UK pension as I have not worked there for such a long time. I am aware I have a long road ahead and it is not going to be a cruise but need someone I can turn to when unsure what is required. So if there is anyone who knows of a possible advocate/lawyer type person and could lead me in the right direction I would much appreciate it.

Cheers - Rachel

Where in Australia are you? ... there are disability advocates who help people ..  if you put in Disability advocates in a google search .. also, please call the law society in your state they will sometimes give legal aid for lawyers to help you.  

[Melbpom]

On ‎07‎/‎09‎/‎2018 at 01:34, rachel smith said:

I am 63 years of age and have been on the Disability Pension for the last 10 years. Centrelink advised that I could return to the UK and continue receiving my pension indefinitely. But (there is always a but) it means I could lose my DSP and have to reapply all over again if I failed. They said most people decide to go no further due to all the hassle and paperwork involved. But I am so unhappy where I live (Social Housing) and the thought of 'this is it' for the rest of my life sends me to a very dark space. I do have family and relatives in the UK and very close to my brother who lives in Cornwall and is a great support.
 

Rachel, I would recommend following Marisa's advice and wait until you qualify for the Australian Aged Pension. You can't be sure that there won't be issues with the Disability Pension. My son's was dramatically reduced (by 80%) after we had been out of the country for six months. I wondered if Centrelink was trying it on. I had to ring and query the reduction because nothing had changed in his health or circumstances. They said it was an error on their part and it was reinstated but it was a nuisance having to chase them from the UK.

I would also be extremely careful about any Social Care you might need. My experience has been that is it woefully inadequate because of the recent period of austerity.