Can you claim both a US and UK state pension?
Yes, it is possible to claim both a US Social Security pension and a UK State Pension if you have worked in both countries. This is facilitated by a Social Security agreement between the two nations.
The US-UK Totalization Agreement
The Totalization Agreement between the U.S. and the U.K., in effect since 1985, helps prevent double taxation and allows individuals to combine work credits from both countries to meet minimum benefit eligibility requirements.
Eligibility for US Social Security and UK State Pension
Eligibility requires meeting each system's criteria, though the Totalization Agreement can help if you are short on credits. The US generally requires 40 credits for a full benefit (up to four per year), while the UK requires 10 qualifying years of National Insurance contributions for any pension and 35 years for the full amount. The agreement allows using credits from one country to help qualify in the other if minimums are not met.
The end of the Windfall Elimination Provision (WEP)
A significant change is the repeal of the Windfall Elimination Provision (WEP) by the Social Security Fairness Act, signed into law on January 5, 2025. This eliminates a previous reduction in US benefits for those receiving a UK State Pension, allowing affected individuals to potentially receive full benefits from both systems. Processing these adjustments may take time.
How to claim your benefits
The Totalization Agreement allows for coordinated filing. If you live in the United States, applications can be made at any U.S. Social Security office, and you can apply for your UK pension using form SSA-2490-BK there. If you live in the United Kingdom, contact the Federal Benefits Unit at the U.S. Embassy in London for US applications and any UK social security office for your UK pension. More details can be found on {Link: Social Security website https://www.ssa.gov/international/Agreement_Pamphlets/uk.html}.
Comparison of US Social Security and UK State Pension
| Feature | US Social Security | UK State Pension (New State Pension) |
|---|---|---|
| Minimum Eligibility | 10 years (40 credits) | 10 qualifying years of NI contributions |
| Full Benefit Eligibility | Based on 35 years of highest indexed earnings | 35 qualifying years of NI contributions |
| Retirement Age | Full Retirement Age (FRA) is 67 for those born in 1960 or later, with early retirement at 62 at a reduced rate. | State Pension age is gradually rising to 67, with options for deferral for higher payouts. |
| Payment while Abroad | Generally payable to US citizens and some non-citizens living in the UK. | Payable to individuals living overseas. |
| Taxation | Can be taxable in the US depending on income. | Not usually subject to UK tax if a non-resident, but may be taxable in the country of residence. |
| Benefit Calculation | Based on 35 years of average indexed monthly earnings. | Based on NI contribution history. |
Taxation of international pensions
Taxation depends on your residency and the US-UK tax treaty. Generally, the country of residence taxes the pension, with the treaty preventing double taxation. Consulting a cross-border tax specialist is recommended due to complex international tax rules.
Conclusion
Claiming both US Social Security and UK State Pensions is possible due to the Totalization Agreement, which allows combining work credits for eligibility. The repeal of WEP means US benefits will not be reduced by receiving a UK pension. Applications can typically be made in your country of residence. Taxation is complex and governed by treaty, making professional tax advice advisable. {Link: Social Security website https://www.ssa.gov/international/Agreement_Pamphlets/uk.html} provides further details.