lea2001gb

My father has received the following:

In case C-299/05 the European Court of Justice ruled that Disability Living Allowance (care component), Attendance Allowance and Carer’s Allowance were sickness benefits and therefore British citizens moving to another European Economic Area (EEA) state could continue to claim these benefits in certain circumstances.

The European Community Regulation EC Reg 1408/71 provides rights for workers and people who used to work. People who have left Great Britain to live in another EEA state since the date of the judgement are able to export their disability benefit as long as they meet the relevant conditions of entitlement. Over 1500 people are now receiving their disability benefit in another Member State. In most cases, people whose benefit ceased when they left the country before the judgement in October 2007 cannot have their benefit reinstated.

The Department for Work and Pensions can consider a person’s entitlement to these benefits if they are now living in another EEA state. The Department for Work and Pensions’ guidance to its Decision Makers on this issue (Memo DMG 17/09) is available on the following link: www.dwp.gov.uk/docs/m-17-09.pdf. People who do not have access to the internet can call the Benefit Enquiry Line on 0800 88 22 00 (textphone 0800 24 33 55).

Another delaying rip-off by the British Government then. They should lock these criminals up where they belong, with the rest of them.

crustycrab

Hola from not very hot Spain. I am new to the forum and this is my very first posting. I normally speak directly to PaysansG via email and she has kindly directed me to this site.

So a bit about my problem -

I moved to Spain in 2006 and after the change in law I applied for DLA back in February 2008. I have also been in receipt of Long-term Incapacity Benefit since 1996 which I successfully exported to Spain, along with my Child Tax Credit and Child Benefit, with might I add, was no problem what-so-ever.

After a long wait I was turned down on, yes you guessed it, the 26 week rule, yawn! I am always bugging Mrs Beavers who is the Unit Manager at Exportability and is probably sick of turning her computer on in the morning. Although it normally takes ages to get a reply from anyone at Exportability I now get an answer the very next day. Shock, horror. I received an email from her a few days ago now saying that I was turned down for DLA because I was not a Dependent on anyone in UK. My mother and father have very recently moved to Spain to help me and my children, and my father has paid Self-Employed Contributions all of he's life.

My questions are -

1 Can the DLA change from one refusal reason to another before my case has even gone to appeal? (the Statement of Reasons I received said it was because of the 26 week rule, which I have a copy)

2 If they are playing the 26 week card, could it not be argued that the UK Government are my "Benefactor", as surely they pay UK Tax.

3. Also my Refusal letter was not even dated! So do I assume that gives me an open window for Appeal? Although I did ring and tell the DLA this they said the date was on their computer. I was in fact given two different dates, but my original letter has no date.

So now I am awaiting the outcome of the 3 tests cases, as I assume are many others, and I have read that they will be starting on dealing with the other outstanding Appeals in February.

I hope someone has some advice for me. And I am sorry if I have posted this on the wrong forum.

Thank you
Lisa

Mitzyboy

I think this is a general European discussion, whereas there is a Spanish section here if you would care to join us

crustycrab

Hi, where is the Spanish section. Sorry I can't find it.

Thank you

Mitzyboy

http://britishexpats.com/forum/forumdisplay.php?f=75

rakker

Hello im new on here i have question if anyone can help afriend of mine has been getting DLAand Care allowance but was claiming from afriends address in England as she thought it was ok to do so ,even though she had gone abroad to live with her hubby,now shes told them she has gone abroad they have stopped her money and sent her aform to fill in ,shes realy upset as she dosnt get any money from anywere only small pension,has anyone got any advice as what she should do ,any help please she was staying at her friends on and off
rakker

Ka Ora!

Welcome to the Forum, Did she tell them when she really left the UK and that she was claiming from an Address that she didn't reside at?

rakker

Hello ,know i dont think she did but she filled aform in saying that she lived with her hubby and stayed at the address and family when in England

Ka Ora!

First What country has she moved too?

The DWP is not going to look that kindly on claiming from the wrong address especially when the claimant is overseas. How long had she been in receipt of the benefits prior to leaving the UK? And how long did the DWP think she was in the UK when she was not. Have they asked for evidence to confirm the dates. You use the term "Hubby" did she marry the person she moved overseas to reside with?

Staying at the friends on and off does not make her a resident of the UK and could possibly effect her eligibility to receive the benefits. The DWP may see it as an attempt to falsely claim and defraud. But that would depend on what kind of time periods we are talking about for receipt prior to departure and how long its taken for them to be informed of the correct information.

rakker

Hello ,she lives in Holland and is married to Dutchman ,and i think its about 7yrs at her friends address she got aform asking here to fill it in to see if she was getting the right care allowance. so she went to welfare rights to help her fill the form in,and they said you will have to put down you have lived abroad as they will find out ,but when she filled the form in they did,nt no but they do now,anyway she had afall and had to ask another lady to help fill in the form and she had put on the it that i had been at my friends since july last year,and she went to her husband in april this year,shes not well and is worried over this and that her friend might get into trouble as well ,my friend is 70 next month and dos,nt know which way to turn,she had already sent aletter to them telling them of her illness but i dont think shes going to try and claim her benefits now,but without her money she cant stay in Holland as her hubsand cant affort to keep her on the wages he gets .and the high cost of living here so she will have to go back to England

Ka Ora!

She should get a letter from the DWP explaining why they have stopped the allowances if they now have her correct address, As they may not send out correspondence to an address they know she does not reside at.
It may be that the stop is temporary whilst they investigate the matter further. If I was her I would contact them by phone to find out what is happening.

rakker

Thank you for your advice, the letter they sent her said they wanted some more information before they could make adecision ,and she had to fill in only three pages one asking was had she already gone abroad,what date did she go why she went ,Holiday ,To live or medical treatment,and the las one was asking for the country and the dates you will be there and when you leave,will you be in Great Britain to live permanently,she is going back over on the 7 july to one of her grandchildren,shes so afraid to ring them ,they also said in the letter thank you for telling us you had gone abroad

rakker

Could i just ask you one more thing bout this form she got ,should she put the date when she came back in april this is realy worrying her sick ,and with not being well isnt helping any

Ka Ora!

Came back to England or Holland?

rakker

When she came back to Holland