RT v Secretary of State for Work and Pensions (GRB)

The appellant applied for permission to appeal against a decision of the First-tier Tribunal sitting in Bristol on 7 11 2012. The application was listed for oral hearing, and I heard the application at Cardiff Civil Justice Centre on 22 10 2013. The appellant appeared and was represented by Mr Newington-Bridges. The Secretary of State was invited but not directed to attend, and did not. But Mr Spencer made a submission for the Secretary of State dealing with the points raised in the grounds of appeal. He did not support the application.

That is not in dispute. What is in dispute is when T became entitled to a British retirement pension taking into account his New Zealand residence. This depends on the process by which, and the time at which, the British authorities became fully informed about T�s New Zealand entitlements.

T eventually returned the CF-N-1282 in 2011, it being received by the British Pension Service on 17 11 2011. He did so because his daughter had told him about the UK-New Zealand agreement. On receipt of the evidence of New Zealand employment, checks were made and T was awarded a basic state pension at the full rate in addition to the small pension already in payment. The full award of pension was made from the first payday following receipt of the CF-N-1282.

T asked for the full pension to be backdated to the first payday after his 65 th birthday. That was refused by the Secretary of State. The First-tier Tribunal confirmed that refusal, while expressing sympathy for T�s position.

The tribunal (Judge Clare sitting alone) dealt with these issues following an oral hearing attended by T and his counsel. The judge gave reasons for refusing the appeal in the decision statement issued immediately after the hearing. They are inevitably in such circumstances somewhat brief, and in my view deal inadequately with the issues raised for T even when read with the record of proceedings and the full submissions to the tribunal.