Jump to content

E106 if you have not been in the UK for many years but are fully paid up.


HaggaiSA
 Share

Recommended Posts

Hi

My wife and I are British Born Citizens who are planning to relocate to France later this year from South Africa where we have been working for over 25 years. I will be nearly 56 when we arrive and my wife 54.

I am fully paid up in my National Insurance Contributions as I had paid contributions for a number of years before I left the UK and have been regularly topping up. My wife only had a couple of years paid when she left and never topped it up.

Do you think I or we would be entitled to E106’s?

Will we most likely have to take out Private Cover until the 5 year period is up?

Thanks

Colin

Link to comment
Share on other sites

From an earlier posting by Cooperlola:

Just to re-iterate, this is how the E106 entitlement is calculated:

"How they work :
> Form E106 is issued where a non-employed person transfers their  
> residence to another EC country, but has 'residual' entitlement to  
> Incapacity Benefit - Short Term (IBST). 'Residual' entitlement means 
>  that the contributions conditions governing the award of Incapacity 
>  Benefit are satisfied and if the customer had remained in the UK 
> and  claimed benefit that benefit would be payable. The duration of 
> E106  cover equates to the duration of IBST had the person claimed 
> the  benefit.
>
> E106 entitlement is awarded in line with 'Benefit Years' which run  
> from the first Sunday of January to the Saturday prior to the first  
> Sunday of January the following year.  We investigate the National  
> Insurance (NI) contributions record of the 3 complete tax years  
> prior to the Benefit Year in which a person leaves the UK. If those  
> tax years show sufficient NI contributions E106 entitlement is given 
>  to the end of the Benefit Year in which the person leaves the UK.   
> When entitlement is established this way we would look to extend  
> this by considering contributions paid in later tax years.  I have  
> set out below an example to illustrate this.
>
> A person leaves the UK on 1 July 2007 to reside in another EC  
> country.  The person worked for an employer paying earnings related  
> Class 1 NI contributions and ceased working on 30 June 2007. The 3  
> complete tax years prior to the current Benefit Year are those  
> running from 6 April 2003 to 5 April 2006. Sufficient NI  
> contributions were paid in those tax years giving initial  
> entitlement to 5 January 2008 (end of the current Benefit Year).  
> Sufficient NI contributions have also been paid in the 2006/2007 tax 
>  year to extend the E106 cover to the end of the next Benefit Year  
> which is 3 January 2009.  If, in addition, the person had earned  
> enough (approximately £4,350) to pay sufficient NI contributions  
> from 6 April 2007 to finishing work on 30 June 2007 the E106 cover  
> would extend to 2 January 2010. This would give total entitlement  
> from 1 July 2007 to 2 January 2010.  It would not be possible to  
> extend the cover beyond this point as NI contributions would need to 
>  be paid in the next tax year, which would not be possible as the  
> person would by then have finished working and would have left the UK.
>
> Forms E106 are issued under Article 19.1(a) of EC Regulation 1408/71."

If you do manage to obtain an E106, it will cover your wife as a dependant, but once it expires, you will have to obtain private health insurance cover until you have been in legal residence here for five years.  At that point, you will be able to re-affiliate to the state Assurance Maladie on a means tested basis.

 

 

Link to comment
Share on other sites

the  pension  top  up  contributions  are  not  full  national  insurance  payments  and  do  not  count  towards  a e106.  they  are  only  a  small  amount  compared  to  full  national  insurance  contributions.

 

i  think  that  you  will  have  to  find  private  cover.

 

if  they  make  a  mistake  though  you  might  get  lucky  [Www]

Link to comment
Share on other sites

[quote user="RicandJo"]Cooperlola isn't strictly correct in how they work. If you're resident in France for example but continue to pay full NI in Uk, as I do, then it is renewed each year.[/quote]

Ric

Cooperlola is talking about non employed people, are you unemployed or retired?

in the first line it says " Form E106 is issued where a non-employed person transfers their residence to another EC country",

Link to comment
Share on other sites

Neither, I'm employed by a UK company but resident in France.

From the hmrc website, as written on the E106 application form, it is issued where a person is resident abroad but liable for UK NI contributions.

Of course it can still be issued I guess to a non employed person but will have a finite validity. My point is if your NI is paid up and continues to be then no reason not to expect a 106 which runs for as long as you continue to pay NI.

My advice to the op is call them up, they're a friendly bunch but then Geordies usually are!!
Link to comment
Share on other sites

Does it make any difference if you paid Class 2 or Class 3 contributions? I have paid the higher Class 3.

Agreed! I found the Geordie Lasses very helpful when I phoned them. Esp. when you chat about football as well.  Even though I am Forest supporter! Maybe playing them next season in the CCC?

Link to comment
Share on other sites

There are several important differences between the 'normal' E106 and the worker's E106, which can be issued to people resident in one EU state but employed in another. So you are probably both correct.
Link to comment
Share on other sites

Of course Will, you are correct.  The workers' E106 is not the one being referred to in the quote.  I was merely making the point that it was neither my opinion, nor my words!  But I think the Workers' E106 reference is probably just a red herring for the o/p as I get the impression it is not his intention to live in France and work for a UK company.  But of course, I could be wrong.
Link to comment
Share on other sites

[quote user="cooperlola"]Of course Will, you are correct.  The workers' E106 is not the one being referred to in the quote.  I was merely making the point that it was neither my opinion, nor my words!  But I think the Workers' E106 reference is probably just a red herring for the o/p as I get the impression it is not his intention to live in France and work for a UK company.  But of course, I could be wrong.[/quote]Even if the OP did take up work in UK he would have to complete 2 full tax years of class1 NI contributions to become eligible for an E106 of any sort which means the earliest that could happen would be April 2012.
Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share

×
×
  • Create New...