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DWP v Yates [2009] EWCA Civ 479, Court of Appeal on 10th June 2009

The issue in this case concerned the circumstances in which a recipient of a "Category B" retirement pension who is resident abroad can take advantage of increases in rates arising under up-rating orders. A category B pension is one which is payable by reference to a spouse's contributions.  The normal position is that those who are ordinarily resident abroad are disqualified from the benefit of annual increases.  However there are exceptions.

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