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Fight for UK benefit rights - DLA/CA/AA

Fight for UK benefit rights - DLA/CA/AA

Old Feb 18th 2009, 7:13 pm
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Default Fight for UK benefit rights - DLA/CA/AA

On 18 October 2007, the European Court of Justice (ECJ) ruled that certain benefits, including disability living allowance (care component), carers allowance and attendance allowance, were exportable to other EEA states or Switzerland (Case C-299/05). However, those benefits are still being withheld "to those already living in another EEA state... including customers who have received DLA in the past" while the DWP "considers the legal implications of paying [these] benefit[s]".

As we know, disability is NOT cured the moment someone steps upon a plane, train or ferry. Those who were disabled when they moved to another EEA state are still disabled. Withholding these benefits is discriminatory and our petition (http://petitions.number10.gov.uk/ECJ-DLA/) demands the immediate reinstatement of payments to those who are eligible to receive them.

Since setting up the petition in October last year, our campaign has spread throughout many forums and been covered by both online and printed newspapers aimed at the British citizen living in the EU. However, there are some claimants still unaware of the ECJ ruling and their right to demand reinstatement of their benefit.

We have engaged the support of Conservative MPs Roger Gale and Oliver Letwin, both of whom have raised this issue in the House of Commons.

We also have a letter from Pensions Minister Rosie Winterton to Roger Gale that says quite clearly and categorically: "We have been clear that if people claimed the benefit before they moved abroad, they are entitled to continue to claim it." That letter is attached for everyone to read, download and use in their claim for reinstatement of benefit.

Nevertheless the Exportability Team still refuse to reinstate claims and repay money lost by claimants due to the illegal actions of the government in stopping this money in the first place.

We are asking everyone who has been affected by this issue to re-contact the Exportability Team (or if you were unaware of the ECJ decision, then make contact for the first time) and demand the reinstatement and backpayment of their DLA (care component), Carers or Attendance Allowance in accordance with ECJ ruling C-299/05 of 18 October 2007. NOTE: Make sure that you put the email for the personal attention of: Ms Kettle or Ms L Abbass.

The email address (in case you don't have it to hand) is: [email protected]

In addition, copy the same email to the following address:
Ms Winterton's office: [email protected]

When you receive the bog standard excuse from the Exportability Team, send a copy of their reply to with a suitable complaint to the customer services address: [email protected]

The original instigators of the ECJ action, the British Expats Assocation (Spain) has, unfortunately, closed it's doors. However, the people behind that organisation are still very much involved in this campaign and recently petitioned the Commission for Employment and Social Affairs DG to request the opening of 'infringement' against the United Kingdom for failure to implement the ruling of the Court, since the Commission is responsible for taking the necessary steps to seek compliance.

Meanwhile every affected person needs to keep the pressure on this government, to ensure it adheres to EU law, by making their voice heard.

Sign the petition, email the DWP, contact your old constituency MP, join the cause!

Regards, Tina Hamilton
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Old Sep 3rd 2009, 10:42 am
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Cool Re: Fight for UK benefit rights - DLA/CA/AA

Originally Posted by PaysansG View Post
On 18 October 2007, the European Court of Justice (ECJ) ruled that certain benefits, including disability living allowance (care component), carers allowance and attendance allowance, were exportable to other EEA states or Switzerland (Case C-299/05). However, those benefits are still being withheld "to those already living in another EEA state... including customers who have received DLA in the past" while the DWP "considers the legal implications of paying [these] benefit[s]".

As we know, disability is NOT cured the moment someone steps upon a plane, train or ferry. Those who were disabled when they moved to another EEA state are still disabled. Withholding these benefits is discriminatory and our petition (http://petitions.number10.gov.uk/ECJ-DLA/) demands the immediate reinstatement of payments to those who are eligible to receive them.

Since setting up the petition in October last year, our campaign has spread throughout many forums and been covered by both online and printed newspapers aimed at the British citizen living in the EU. However, there are some claimants still unaware of the ECJ ruling and their right to demand reinstatement of their benefit.

We have engaged the support of Conservative MPs Roger Gale and Oliver Letwin, both of whom have raised this issue in the House of Commons.

We also have a letter from Pensions Minister Rosie Winterton to Roger Gale that says quite clearly and categorically: "We have been clear that if people claimed the benefit before they moved abroad, they are entitled to continue to claim it." That letter is attached for everyone to read, download and use in their claim for reinstatement of benefit.

Nevertheless the Exportability Team still refuse to reinstate claims and repay money lost by claimants due to the illegal actions of the government in stopping this money in the first place.

We are asking everyone who has been affected by this issue to re-contact the Exportability Team (or if you were unaware of the ECJ decision, then make contact for the first time) and demand the reinstatement and backpayment of their DLA (care component), Carers or Attendance Allowance in accordance with ECJ ruling C-299/05 of 18 October 2007. NOTE: Make sure that you put the email for the personal attention of: Ms Kettle or Ms L Abbass.

The email address (in case you don't have it to hand) is: [email protected]

In addition, copy the same email to the following address:
Ms Winterton's office: [email protected]

When you receive the bog standard excuse from the Exportability Team, send a copy of their reply to with a suitable complaint to the customer services address: [email protected]

The original instigators of the ECJ action, the British Expats Assocation (Spain) has, unfortunately, closed it's doors. However, the people behind that organisation are still very much involved in this campaign and recently petitioned the Commission for Employment and Social Affairs DG to request the opening of 'infringement' against the United Kingdom for failure to implement the ruling of the Court, since the Commission is responsible for taking the necessary steps to seek compliance.

Meanwhile every affected person needs to keep the pressure on this government, to ensure it adheres to EU law, by making their voice heard.

Sign the petition, email the DWP, contact your old constituency MP, join the cause!

Regards, Tina Hamilton
Sorry Tina cannot find the letter from Ms Winterton to download.
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Old Sep 3rd 2009, 4:12 pm
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Cool Re: Fight for UK benefit rights - DLA/CA/AA

Please could some one tell me why a test case for these benefits is not being taken to court.
Thank you

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Old Sep 3rd 2009, 10:59 pm
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Default Re: Fight for UK benefit rights - DLA/CA/AA

This thread is 7 months old ... you may not get a reply
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Old Sep 4th 2009, 6:24 am
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Default Re: Fight for UK benefit rights - DLA/CA/AA

Get your local MP involved. I have!! Although DWP are stating they are dealing with it and may take up to a month. For my parents it has been nearly 3 months and they still have heard nothing. Will be contacting Roger Gale, Rosie Winterton and the DWP again (as well as my MP) to find out what is happening. My MP is John Mann and he has been given all the information with regards this and he has contacted the DWP on my behalf
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Old Sep 4th 2009, 2:11 pm
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Default Re: Fight for UK benefit rights - DLA/CA/AA

I have been trying on my husbands behalf for over twelve months to have his Attendance Allowance reinstated. It was the 17th August 2008 when I first wrote to DWP regarding attendance allowance. I contacted Arlene McCarthy MEP who has tried her best to assist us. On the 13th August 2009 I received an email from Arlene's office with an attached copy of the final decision from DWP..........YES YOU GUESSED IT........we were turned down, my husband did not qualify on the basis he had not been in England 26 weeks prior to making this claim. The fact that he had already been awarded this allowance for life in the year 2000 was irrelevant.
I ask again, is there no way that a test case can be taken to the European Court?
I am so glad that I have found this website, I don't feel now that I am fighting this battle on my own........thanks
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Old Sep 28th 2009, 7:46 am
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Default Re: Fight for UK benefit rights - DLA/CA/AA

My dad received a letter stating the same, the blah blah 26 weeks. But from what I understand it, this stipulation has no bearing the case at all. This is something that the DWP have stuck on to prevent people claiming. Keep appealing the decision and also contact Roger Gale MP. He has been dealing with my dads case as well as my local MP. Also contact Wendy Kettle at the DWP and insist on your case being appealled. I think they are relying on people giving up. Also ask for clarification as to where this 26 weeks comes from as it is not stated in the ECJ ruling so they cannot quote it. Ask Wendy Kettle to point out which page has this 26 week stipulation on. The funny thing, it is not in there at all!!!!!!!
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Old Sep 29th 2009, 1:10 pm
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Default Re: Fight for UK benefit rights - DLA/CA/AA

Hi, thanks for the reply. I have found so much information on the internet regarding this matter, from the 'Judgement Of The Court' to 'The Upper Tribunal Appeals Chamber' I have even found the letter sent to Roger Gale from Jonathan Shaw MP which I have found very interesting. Also 'Memo DMG 17/09, I take the DMG to mean Decision Makers Guide, again very interesting indeed. At this moment in time we are awaiting an answer from DWP as we have requested that they reconsider their decision not to reinstate my husbands disallowance which was stopped October 2005 and which we appealed against, so we shall see but we think we already know what the answer is going to be.
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Old Sep 30th 2009, 12:24 pm
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Default Re: Fight for UK benefit rights - DLA/CA/AA

Dad keeps getting the same reply about the 26 weeks thing but keep at it. Appeal every decision given as my father has received a letter from the European Commission stating they are instigating proceeds against the powers that be for ignoring a direct ECJ ruling. Keep on at them and dont give in. My local MP has been given more info today as my mum has come back from Spain to bring them so I will keep you posted as to what happens and when. From what I can gather they are using all sorts of excuses to not repay it. But they are doing this illegally as they have been told by the ECJ that they have to pay it, plus they were given grounds of non-appeal so they cannot appeal the decision made.
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Old Sep 30th 2009, 2:05 pm
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Default Re: Fight for UK benefit rights - DLA/CA/AA

Hi again, I intend to take your advice and I will be grateful if you will keep me updated with regards your fathers case. I will also keep you updated from my side of things, at the moment I am in touch with my MP also my MEP who has written to Angela Eagle MP, Minister of State for Pensions and the Ageing Society so we will see what that brings. We have still heard nothing from DWP since I emailed them with the request to reconsider their decision. Thanks for your help in this matter.
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Old Oct 3rd 2009, 11:47 am
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Default Re: Fight for UK benefit rights - DLA/CA/AA

Hi Patricia and Lea

Just picked up your messages and can let you know that we have had confirmation, via a Freedom of Information request, that 28 cases have been sent to the Tribunals Service (TS) for appeal.

The first DWP appeal submission sent out (in August) was for my husband and we are hoping that his case will be heard in early November. Most people associated with our campaign presumed his would be a lead case and that the DWP, under their own regulations, would be forced to "stay" other claims. But in their inimitable fashion the DWP are yet again breaking the law in this matter!

Also, yet again, the DWP are doing everything in their power to try and delay matters following the issuance of the European Commissioner's letter regarding the 26 week rule and how it does not comply with Community law and therefore the EC are initiating infringement proceedings against HMG.

As you are both aware, the 26 week rule is the main argument that the DWP are using to deny reinstatement and so the EC's action has completely blown their case for the largest percentage of claimants affected by this matter out of the water! So now doubt the DWP are routing around for another way out of paying!

Several others in our group (The UK/EU Disability & Carers Group: http://dla-ecj.weebly.com/) have also been advised that their submissions are en route to the TS - and you've guessed it... the DWP are trying to screw up the system for them by sending all appeal submissions to Liverpool TS and not the venues of the claimant's choice! So more hassle for everyone to deal with.

Keep the pressure on the Exportability Team, MPs, Tribunal Service and anybody else that you can think of!

kind regards, Tina
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Old Oct 4th 2009, 4:35 pm
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Default Re: Fight for UK benefit rights - DLA/CA/AA

Hi, Just had to join this site after reading your concerns. Did you know that the UK government are also bringing out a green paper in November recommending abolishing Attendance Allowance. DLA and other benefits were also going to be discussed. The idea is to means test people and individuals would have a "personal account" rather than spending their money where they wish. If you visit www.benefitsandwork.co.uk it will explain better than me. I've written to many Charities who have been concerned for their members and are all against it.
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Old Oct 5th 2009, 8:12 am
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Default Re: Fight for UK benefit rights - DLA/CA/AA

Many thanks for highlighting that issue, gillsnow.

We have a link on our site to the Benefits and Work website and urge everyone to sign their petition.
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Old Nov 23rd 2009, 4:09 pm
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Default Re: Fight for UK benefit rights - DLA/CA/AA

European Commission takes action to guarantee UK benefits for citizens residing abroad:

The European Commission is taking legal action against the UK Government on this issue: http://ec.europa.eu/social/main.jsp?...urtherNews=yes
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Old Nov 24th 2009, 10:56 am
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Default Re: Fight for UK benefit rights - DLA/CA/AA

Many thanks for posting the link to the EC news re the infringement proceedings.
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