Allied Pensioners of New Zealand

 

Illegitimi non carborundum

The free world's biggest scam.

  1. The UK Crown administration are committing the biggest scam since W W 2, aided and abetted by other statutory democracies, namely the Netherlands, NZ and (I strongly suspect) the Irish, Canadian or any other statutory nation that has a subordinate reciprocal agreement with any other nation.
  2. This scam (by the UK Crown) is by their maladministration of their statutory enactment (Act) of the Social Security (SS) Contributions and Benefits Act 1992, Chapter 4 (C&B).
  3. Part I of the C&B is the contractual membership conditions of the National Insurance Fund (NIF) conditions is entirely voluntary, s.1 (2) (d) unless a person wanted to be in gainful employment s.2 (1) (a & b) in Great Britain (GB) from the age of 16 until the retiring age of 65 (presently 60 for females).
  4. Younger females retirement age changes to 65 (in 6 months annual increments) from 2010, up to 2020 and then equalized, but so do the retirement awards.
  5. Any member whose retirement age falls PRIOR to April 2004, is contractually permitted (s.1 (2) (d) to purchase as many extra yearly contributions as they have missed, if their retirement date fall's AFTER, they may only claim up to the last 5yrs only.
  6. Occupational contributions are paid, along with the employers contributions, plus personal voluntary contributions to the NIF paymaster who is the HM Inland Revenue Dept (IRD) of GB.
  7. The administrators of the NIF are the Pension Service (PS) and the ADJUDICATORS are HM Revenue and Customs (HMRC)
  8. Mark acronyms SS, C&B, GB, HMRC, PS, IRD well, as I use them plus others to a lesser extent, throughout this book.
  9. As the NIF suggests, it is a contract in case of industrial related injuries and unemployment, covering the period from aged 16 until retirement while in UK employment.
  10. Industrial conditions are no longer required on retirement and an inalienable basic retirement pension is substituted, payable anywhere in the world.
  11. The inalienable basic pensions are based on the actual number of contributions paid to the NIF and are commercial in nature.
  12. Contributions, both voluntary/contributory are scaled depending on amount paid (world wide) to the UK IRD also a member's working life (in the UK)

These contributions can be either voluntary or occupational (or credited due to sickness, unemployment or previous to 1948, contributions to a previous contributory scheme enacted in 1936) but all count towards an inalienable awarded pension on retirement.
NIF SS benefits are only paid to the actual workers in the UK but the awarded pensions, like other commercial pensions are paid world wide.
The conditions of the contractual (both occupational/voluntary/credits) basic pensions are based on the number of contributions made AFTER July 1948 on that member's contributions record, held by the HMRC.
This contractual pension is awarded on the contributions made to the NIF, under the conditions of Part ! of the C&B.
Members are permitted, under s.1 (2) (d) of the statutory C&B, to purchase extra contributions (in yearly increments) for every complete tax year they are absent from the UK, at any time, for those contributions up to the last full year before their retiring age.
The Dutch AOW fund is made under similar statutory conditions but there is a time limit, those voluntary premiums must be paid BEFORE that member's retirement day.
In the financial year 2007/8, I was awarded an extra ₤15 per week, back dated to Aug 2000, by purchasing extra contributions to the NIF (cost UK₤2,891) for the 1989-96 yrs).
This back pay amounted to ₤4,980 (plus an increased NIF pension) and of the total amount I received, I paid the NZ IRD 21% as untaxed overseas income. This extra pension is not subject to the contentious s.70 (1) of our NZ SS Act 1964.
All members of the NIF (NZ born or otherwise) in residence in NZ have the statutory right to purchase these extra contributions, in order to obtain up to 100% of a basic pension, even NIF members who migrated or returned to NZ before the start of the NIF (1948) as some members paid contributions to an occupational fund, dating back to 1936.
I must emphasis that the most important thing to do is be absolutely certain YOUR NIF pension (which is commonly called the State pension) is paid into the bank account of YOUR choice, because it belongs inalienably to you and no one else!
Even former residents of the UK with just three years residency, like my grown up children can be voluntary contributors have the democratic right to join and purchase voluntary contributions under section 1 (2) (d) of the C&B.
To be fully entitled to a percentage (up to 100%) of the basic occupational pension, obtained by credits/voluntary/contractual contributions, the male member must have 11- 44yrs and females - 10-39yrs contributions. That qualification change's in 2020!
One of the condition of occupational/voluntary pensions is that if the male spouse is entitled to a percentage of a basic Category A pension at 65yrs, then the spouse female is then entitled to a Category B pension (52%) at aged 60 (or after), based by virtue on the contribution record of her spouse. Each spouse has to apply for their occupational entitlement.
If both are entitled to an A (by their own contributions), then the spouse's B is added to her A, which then becomes a composite pension, this composite pension cannot exceed 100% of her spouses Category A pension limit.
The only way to obtain your contributions record to discover if you entitled to a Category A, a B, a composite (A&B) or increasing any awarded pension is by applying to the :

N.I. Contribution Records
Her Majesty's Revenue and Customs (HMRC)
Car Residency
Room BP1301
Benton Park'
Newcastle upon Tyne
England
NE98 1ZZ

Only those contribution record holders can tell you whether you are fully qualified for a % pension, can obtain an entitlement (from 25 - 100%) awarded basic pension (by purchasing extra contributions) and their permission to make them.
Up until 5yrs ago, the PS as fiduciary agents FAILED in their duty to instruct/in form NIF claimants on how to become fully qualified for a min. (or more) % pension when they re-contacted the PS, after the contact was broken by the claimant migrating from the UK.
This failure to inform a fully entitled claimant recipient residing overseas that the NIF member was deficient in contributions AFTER the member left the UK, led to these members NOT being informed of their right to purchase these extra contributions BEFORE or AFTER 1996.
How is a basic pension assessed? The total recorded occupational contributions of the private, government/armed forces/ employment or credits (pre 1948) and/or voluntary, are divided by 50, plus 1 for the remainder. The answer is the qualifying years for that member. I purchased extra contributions in 2003 and 7 so there is no time limit.
These years worth of contributions are set against a graph, contained in the UK Guide to retirement' NP 46, obtainable on the internet or from the British High Commission, and give a 2/3 percentage of the basic pension for each year over the minimum required.
Information recently deduced from the C&B, s.10, Schedule 1, is that the cost of any voluntary contributions can be deducted from any pension or back payment.
The NZ Min. of Social Development (MSD) is breaching the SW (Transitional Provisions) Act 1990 by applying a subordinate Order in Council to any overseas SS occupational pension, simply because that pension is paid through a government agency.
A rose by any other name still smell as sweetly as a rose. Conversely, an occupation pension is still such a pension no matter how many hands it passes through.
Furthermore, the MSD are breaching their authority under the SS Act 1964 by applying s.70 (1) to such any government occupational pension as s.3 exempts such a pension.
The SS Act 1964 is only for entitling NZ residents to granted statutory benefits/pensions and is a proviso of the NZ Super Act 2001. The further application of the 1964 Act to the NIF pension, results in an unlawful deduction of that state funded NZS pension, follow?
By applying s.70 (1) of the SS Act 1964 and/or the subordinate SW Order in Council 1990/85 to any awarded SS occupational pension, the MSD are acting without the authority of Parliament, as this action is ultra vires but the MSD do not apply s.70 to VOLUNTARY contributions, example:
If any beneficiary is FULLY qualified for the NZS pension (with such an awarded pension), then to apply s.70 is unlawfully and results in the deduction of a similar amount from the NZS, I know as s.70 has been applied to the occupational side of my overseas awarded pension. Part of that occupation was in the employment of that government!
The NIF (and any other similar SS occupational pension from any fund, such as the AOW) member's inalienable rights are protected UNDER the NZ Privacy Act 1993, as those awarded pensions are not lawfully deductible from the granted (statutory) NZS.
As a further example, I have no state funded benefits/pensions from abroad and approx 50,000 NIF members don't either, most of whom are fully entitled to be NZS recipients (plus 10,000 recipients from other nations'). All are being unlawfully treated this way and is detrimental to our society's economy to the tune of $300m annually.
This unlawful action (by the MSD of the Crown) is FURTHER compounded by applying s.19 conditions of the SW (Transitional Provisions) Act 1990 to these awarded pensions, when not being required to be applied. In the 50,000 NZS/NIF cases, it is the suordinate NZ/UK Order in Council 1990/85
The SW Act s.19 is only to alter the conditions of any Act IF the applicant for any NZ state funded benefit/pension is NOT fully qualified (by residency) for the NZS.
IF REQUIRED, this SW Reciprocity Order is used to ALTER the conditions of the statutory NZS Act 2001, BUT it must only be used if an applicant is NOT FULLY qualified by way of residence, as that is the ONLY time an Order can be used, to apply it at any other time is unlawful!
Also that Order (or any other subordinate Order) CANNOT disqualify a fully qualified applicant/recipient, which is EXACTLY what the NZ Crown administrators are doing with this maladministration. I know of at least thirty cases of maladministration of either an Order or s.70.
We now turn to how long this has been going on and that has a precise start date, 1st Jan 1970, the inauguration of the NZ/UK Reciprocity Agreement, 39 years ago!
If NIF members require confirmation of their entitlement, contact:

Mrs. Linda Dawson.
The International Pension Service
Newcastle upon Tyne
England NE98 1 BA
Fax +44 191 218 7307
Ph +44 191 218 7302 or 3575

or:

H.M. Revenue & Customs
Centre for Non-residents
Benton Park View
Newcastle upon Tyne
England NE98 1ZZ

Be prepared for the UK PS, they will give you just 8 weeks to pay for any extra contributions, FROM the date of the letter which might take a week or so to arrive.

YOU will be helping yourself financially while the Crown administrators are just helping themselves to our SAVINGS!

Yours sincerely:

Frank Dunn.

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