§ Lord Higginsasked Her Majesty's Government:
Whether an individual who has emigrated to Canada and has not had his national insurance pension uprated receives the full uprating if he returns to the United Kingdom; and whether he continues to receive the uprating if he later decides to emigrate again. [HL4963]
§ The Parliamentary Under-Secretary of State, Department for Work and Pensions (Baroness Hollis of Heigham)Following a pensioner's return to the United Kingdom from Canada, whether on a temporary or pemanent basis, his state retirement pension is payable at the unfrozen rate for the duration of his stay—that is, at the rate that is payable had he resided in the United Kingdom since retirement,
Whether he keeps the uprated pension if he later decides to emigrate again will depend on whether his stay in the United Kingdom is treated as permanent or temporary and also where he emigrates to.
The pensioner will take with him the amount payable at the date of departure either if (i) the stay is treated as permanent or (ii) it is treated as temporary but he emigrates to a country with which the United Kingdom has a reciprocal agreement which allows for upratings, or which is a member of the European economic area.
If his stay was only temporary and he emigrates to a country with which the United Kingdom does not have a reciprocal agreement which allows for upratings or which is not a member of the European economic area then the pension rate would revert to the rate which was in payment prior to him coming to this country.