Ka Ora!

Well the sensible thing to do is tell them the truth.

rakker

Yes agree with you but shes worried that she may go to prison and also get her friend into trouble,do you have any idea how they would deal with it ,and thank you for your help

Ka Ora!

Her friend in UK would not be in any trouble really"IMHO", Unless she has at some stage lied to the DWP on her friends behalf. Or another department, Say if rent was being paid in the form of Housing Benefit.

But not telling the whole truth to the DWP can cause more heart ache and problems, Once they establish the Truth.

Casa Santo Estevo

But if she cannot work due to sickness and she is married to a Dutchman and he is paying into the system then she could claim from the Dutch system. Seeing that she is over 60 she should at least get some sort of pension from the UK. That would help to boost the household income.

rakker

She is will be 70 next month and not in good health she is getting asmall pension from England,and also small one from the dutch,as you cant refuse the pension from them,but she did show the dutch the letter from the english pension so she thought they had inform England,she also worried now about her marriage because her husband is,nt on good wages he cant afford to look after her,so you can see why she thought it was ok to keep getting her benefits,but the question is were does she go from here

rakker

Just one more question if you dont mind what do you think about the last reply i sent,and thank you it will be the last time as you have been so kind with your advice

Casa Santo Estevo

Sorry I have not got an answer for you, other than contact the Dutch authorities.

rakker

Ok thank you

nishy

Hi... I'm really confused about what is happening with the DLA reinstatements and i hope someone can clarify what's going on because the export team are not exactly being very clear.

I left the UK in 2005, prior to leaving I had been in receipt of long term incapacity Benefit and DLA (for an indeterminate period at the higher rate care and lower rate mobility). My incapacity benefit was transferred with no problems but I lost my DLA once I stopped meeting the residency rules back in the UK.

I have only in the last two months become aware of the change of law that would have meant that my DLA could be exported just like the Incapacity benefit was and so I contacted the exportability team at the DLA.

They have taken a month to respond, they said that they will send out forms to see if I can have my DLA reinstated but that they have to start with the people who have been waiting the longest.

They haven't asked for my address details or told me when I can expect to hear from them again, so I have absolutely no idea whether they are sending me those forms now or whether I'm meant to wait, and if so, for how long?

All they have is my NI number, they claim to have erased all my information off the system so how are they planning to send me the forms?

Very confused... can anyone who's actually been through this process help me understand what I'm meant to do, please?

I emailed the exportability team back but just got a standard reply saying they are currently dealing with emails from last month and will get round to me when they can.

Any advice would be a great help.

haydngj

My wife was informed in july that as she no longer lived in the uk permanantly she was not entitled to her dla which she had been receiving for about 15years and that she had not informed them that she was now in Spain and for the past 18 months she had been claiming and receiving this benefit.She now owes,according to them nearly £3000 and they say by law she will have to pay it back. Now the eu law says she is entitled to the dla payment. Does anyone know which law she should abide by? will the uk goverment ignore the eu ruling.

rakker

If you google DLA EU,theres four pages and it says Commission takes action to guarantee uk benfits for citizens abroad,legel action British aulthorities reguire clamiant to have spent 26 weeks out of the 52 weeks in the UK,this goes against the EU Rules the Dutch are already taking them to the EU ,but have alook theres 4 pages telling you why ,because its sick money there surposse to give it you when you go to the EU but there not there hanging on to it ,my friend has been waiting since May when they stop her DLA and Care she has had form to fill in sent it back twice as they lost it ,and sent third one in
Rakker

haydngj

The wife appealed on the first notification and the appeal was duly accepted on the 02/08/2010, but now on the letter dated 02/09/2010, which she received 29'09/2010, she is required to appeal in 28 days from the date they issued the letter. They expect the appeal to take 3 days to get to them while their letter takes 27 days to get here and she has to appeal on form gl24 which they will send her, perhaps this form will be here in time for xmas. Clever people they are, and missing the appeal date by a few months.This come from A CARING COUNTRY

Milegobbler

You have raised an important issue. I would like to add that UK State Pensions for expats are also under threat from the present UK government. It is proposed to raise the state pension to 140GBP per week while at the same time withdrawing associated benefits such as pension credit. However, the new state pension will be based on residency not NI Contributions. This follows a recent ruling by the EU Court of Human Rights that not paying annual pension increases to expats living outside of the EU was not discriminatory, and that NI Contributions gave no automatic entitlement to a UK state pension. This means that some expats will in the future not qualify for a UK state pension nor qualify for a pension in their adopted country. It is possible that these new pension rules will also apply to expats resident in the EU.
Expats are a soft target because only 14,901 have registered as overseas electors (Source: letter to Philip Dunne MP March 2010 from Director General,Office of National Statistics) and in anycase expats are automatically disenfranchised after 15 years of last being registered to vote in the UK. No vote,no power,no pension.

moving shortly

To obtain DLA/AA in the EA you have to be in receipt of a taxable benefit ie SRP, Incap, ESA(conts).

SRP are likely to be in receipt of AA or DLA if they were under 65 when they first claimed.

You cannot be in receipt of CA if you are in receipt of SRP UK as they are both taxable benefits when you start receiving SRP you lose CA.

I do not understand Rakkers posts as the person whom she is talking about is 70 so would be in receipt of SRP so therefore the allowance she is talking about must be either AA or DLA.

I am not sure how everyone will stand with the changes to EA/Incap and have asked on another post if anyone understands that.

Other than that join www.benefitsandwork.co.uk this site is absolutely brilliant they are full of up to date advice.

rakker

Hello Moving shortly
it was DLA and they sorted it out for my friend ,she cant get the mobility but they have give here the care allowance because she has English state pension which is only 153.36 per month ,she needs someone to look after her as she is now wheelchair bound,hope that helps you understand my post
Rakker