Incapacity benefit whilst abroad
#46
Just Joined
Joined: Nov 2010
Location: UK spain or portugal?
Posts: 19
Re: Incapacity benefit whilst abroad
Crusty Crab
How is your claim going for ESA? I note from earlier posts, that you were to be assessed in the summer of 2010, have you been awarded this and for how long?
I was checking the DWP website and noted that ESA(c) in future I believe somewhere around 2014 will only be payable for a year then the claimant transfers to ESA(IB) which is only payable if you live in the UK. Does this mean a mass migration back to the UK? I understand that Invalidity Benefit is not claimable in Spain/Portugal unless you have paid into their system. Is it my understanding that the UK intend to leave people high and dry? Will they be allowed to do this or will there be some kind of EEA intervention?
It is my belief that if you are in receipt of INCAP and DLA (mid/high care) and the person who looks after the claimant is in receipt of CA that these at the moment are transferable, but will they be in the future.
Sorry to ask so much but am much concerned.
Thanks
How is your claim going for ESA? I note from earlier posts, that you were to be assessed in the summer of 2010, have you been awarded this and for how long?
I was checking the DWP website and noted that ESA(c) in future I believe somewhere around 2014 will only be payable for a year then the claimant transfers to ESA(IB) which is only payable if you live in the UK. Does this mean a mass migration back to the UK? I understand that Invalidity Benefit is not claimable in Spain/Portugal unless you have paid into their system. Is it my understanding that the UK intend to leave people high and dry? Will they be allowed to do this or will there be some kind of EEA intervention?
It is my belief that if you are in receipt of INCAP and DLA (mid/high care) and the person who looks after the claimant is in receipt of CA that these at the moment are transferable, but will they be in the future.
Sorry to ask so much but am much concerned.
Thanks
#47
Banned
Joined: Dec 2009
Posts: 172
Re: Incapacity benefit whilst abroad
Crusty Crab
How is your claim going for ESA? I note from earlier posts, that you were to be assessed in the summer of 2010, have you been awarded this and for how long?
I was checking the DWP website and noted that ESA(c) in future I believe somewhere around 2014 will only be payable for a year then the claimant transfers to ESA(IB) which is only payable if you live in the UK. Does this mean a mass migration back to the UK? I understand that Invalidity Benefit is not claimable in Spain/Portugal unless you have paid into their system. Is it my understanding that the UK intend to leave people high and dry? Will they be allowed to do this or will there be some kind of EEA intervention?
It is my belief that if you are in receipt of INCAP and DLA (mid/high care) and the person who looks after the claimant is in receipt of CA that these at the moment are transferable, but will they be in the future.
Sorry to ask so much but am much concerned.
Thanks
How is your claim going for ESA? I note from earlier posts, that you were to be assessed in the summer of 2010, have you been awarded this and for how long?
I was checking the DWP website and noted that ESA(c) in future I believe somewhere around 2014 will only be payable for a year then the claimant transfers to ESA(IB) which is only payable if you live in the UK. Does this mean a mass migration back to the UK? I understand that Invalidity Benefit is not claimable in Spain/Portugal unless you have paid into their system. Is it my understanding that the UK intend to leave people high and dry? Will they be allowed to do this or will there be some kind of EEA intervention?
It is my belief that if you are in receipt of INCAP and DLA (mid/high care) and the person who looks after the claimant is in receipt of CA that these at the moment are transferable, but will they be in the future.
Sorry to ask so much but am much concerned.
Thanks
Your right in saying that IB and DLA are exportable to another EEU country, but your guess is as good as mine as to how long that will be for. You will still go through the reviews from Spain/Portugal etc but it is more likely to be a "paper" review with evidence given from your doctor in the country you move to. The UK is only responsible for your benefits as long as you don´t trigger the contributions system in another country. If this happens then the UK will no longer be responsible for your benefits/welfare.
#48
Just Joined
Joined: Nov 2010
Location: UK spain or portugal?
Posts: 19
Re: Incapacity benefit whilst abroad
Thanks CrustyCrab
Will you please advise us all as to your entitlement as soon as you know.
We live in interesting times, I cannot see that the UK can renounce their responsibilities to sick and disabled people and feel a court case coming on here. I can understand JSA but they appear to be trying to align JSA and ESA this restricts the movement of individuals within the EEA. I think this has already been covered on another thread.
Good luck and let us know Crusty.
Will you please advise us all as to your entitlement as soon as you know.
We live in interesting times, I cannot see that the UK can renounce their responsibilities to sick and disabled people and feel a court case coming on here. I can understand JSA but they appear to be trying to align JSA and ESA this restricts the movement of individuals within the EEA. I think this has already been covered on another thread.
Good luck and let us know Crusty.
#49
Just Joined
Joined: Nov 2010
Location: UK spain or portugal?
Posts: 19
Re: Incapacity benefit whilst abroad
Has anyone seen the news today, apparently the DWP are focusing their resources on benefit fraud abroad with the countries that are most prelevant being Spain, Portugal, Pakistan and the USA they do think they are on a "uphill curve". BBC news states that already a woman on IS and Tax Credits has been caught in Spain. 61m is lost each year to cheats abroad! Does that sum include those on pension or did they just pick a figure and throw it as usual at the UK press to wind up the UK public, slow press day or have the government got something to hide today my guess is the latter?
#50
Re: Incapacity benefit whilst abroad
Being on a pension in Spain isn't Benefit fraud ... it's totally legal ... as is heating allowance under certain circumstances and some elements of disability allowances under certain circumstances. Child Benefit is also claimable as long as one of the family is working in the UK and paying NI
#51
Just Joined
Joined: Nov 2010
Location: UK spain or portugal?
Posts: 19
Re: Incapacity benefit whilst abroad
I agree totally with what you say Mitzy, pension SRP is NOT benefit fraud when you receive this abroad. I did not explain myself clearly sorry, but when the newspapers mention the sums in benefit that are given out did you realise that the WHOLE of the DWP department is included which is not only "benefit" but pensions SRP as well? The amount in "benefit" is quite small really. I think another posting in which a person called Bil has hit the nail on the head regarding the whole system. I am still awaiting the bad news day that has been covered up!
#52
Just Joined
Joined: Jan 2011
Location: tortosa/spain
Posts: 4
Re: Incapacity benefit whilst abroad
HI,just joined the forum and would like to tell expats of my situation in spain i have lived here for 7 yrs and receive IB from the uk which i have received since 1993 also industrial injuries,i was given a date for a medical assessment {my first in spain}in March which i attended with an interpreter to avoid any misunderstandings this took 10 mins with no previous medical history,no examination infact i didn't remove my coat,also the form the doctor had was in english she didn't speak any english,i found out by phoning the uk in november due to my not receiving a payment that they had stopped my benefit due to me not receiving enough"points" i have appealed but have been informed this can take months in the meantime i am not entitled to any money or support whilst i live in spain and have also lost my E121 status and i will need to pay for any treatment or prescriptions i need,any advice?:
#53
Re: Incapacity benefit whilst abroad
Hello Another newbie here. I'd like to move to Spain but am worried about all the benefits I get. I am on contribution based ESA with severe disablement allowance and DLA high rate mobility and medium rate carers allowance. I have a motability car instead of the mobility allowance.
Does anyone know if I would lose any of these, please?
Does anyone know if I would lose any of these, please?
#54
Re: Incapacity benefit whilst abroad
It's OK, I found the answer on .Guv. etc. It's changed in only a few months and the wording was ambiguous - well, to me anyway. It would seem the government has had to do a turnaround and lots of people will be eligable to get their benefits back. Europe intervened.
#55
grasshopper2012
Joined: Oct 2011
Posts: 7
Re: Incapacity benefit whilst abroad
Much appreciation for your wisdom,
Sachmo