theOAP

If an inaccurate claim is made for the UK State Pension, and if discovered after payment commences, the overpaid funds must be repaid in full and a penalty may be assessed. As of current legislation, the benefit may be suspended during investigations, but the corrected amount can not be reduced once payment recommences and eventual payment of the correct pension can not be stopped for the future.

https://www.gov.uk/benefit-fraud

not2old

spot on

As you know there are many that will simply ignore the rules to 'carry on & do it' with the cocky attitude 'I'll never get caught', or that 'it doesn't apply to me'

Given all the responses on this thread as well as the one on the Canada forum - the OP will do whatever

lansbury

My understanding is DWP will inform the SSA a pension is being paid to a US resident. It is part of the information sharing in which SSA will inform DWP when such a recipient dies. Wonder what happens when SSA find no such person living in the USA.

ETA: The same works in reverse for US citizens living in the UK

aldavidson

The original question arises from being married to a US citizen, planning to be permanently US resident in the future and trying to decide when to apply for my UK State pension and from where. I could apply from Canada and then notify UK DWP that I have moved to US and I guess I may need to provide some proof. Or I could defer applying to UK DWP and wait until after having moved to US.

Pulaski

Either would be acceptable, and both are perfectly legal. Implying that you live in the US when in fact you do not would not be legal.

tom169

Answer the form correctly at the time of signing.

robin1234

Flaunt the rules? No need to flaunt them, anyone can read them.

tom169

Oops I meant flout

robin1234

Yeah that's one of my current pet peeves!!

(Next week it'll be something different)

nun

There is a simple answer to your question that I think you know, but you are looking for a work around that would probably be benefit fraud.

You still haven't told anyone your current visa status, but I'm going to guess that you are a Canadian resident and spend time in the US on a visitor's visa. So if you apply for a UK state pension now you will have to do so as a Canadian resident. If you get a Green card then you will be able to tell DWP that you are a US resident. Until you have that Greencard any UK pension application where you claim to be a US resident will be fraudulent.

I suppose you could overstay your B2 and become an undocumented alien so you can meet the substantial presence test for tax residency. You can get an ITIN and pay US tax as a tax resident if you are an undocumented alien, but you are also opening yourself up to immigration issues and the UK might not even accept you status.