British expats are not entitled to have their pensions index-linked, the European Court of Human Rights has ruled
In Carson and Ors v UK (App No 42184/05), 13 claimants argued their state pensions should be up-rated to bring them in line with pensioners living in the UK.
They claimed the difference in treatment amounted to discrimination and breached Art 14 of the European Convention on Human Rights.
Some 500,000 pensioners living abroad would benefit from up-rating.
However, the court found they were not in the same position as pensioners retiring in the UK or in a country with which the UK has a reciprocal agreement.
There were too many economic and social variables to allow for a comparison between pensioners in the UK and abroad.
The court did not consider the applicants’ payment of National Insurance contributions “to be of any more significance than the fact that they may have paid income tax or other taxes while domiciled there”.
Carson, who lives in South Africa, receives £67.50 a week compared with the £95.25 given to UK pensioners.
