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Incapacity benefit whilst abroad

Incapacity benefit whilst abroad

Old Mar 20th 2009, 4:37 pm
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Default Re: Incapacity benefit whilst abroad

Can you tell me why Tax Credits can no longer be paid abroad since 7/11/2008? I have had our claim stopped since we moved to France and was told that this is because since April 2008, Tax Credits are classed as a 'family benefit' rather than a 'family allowance' and can therefore only be claimed if you are in receipt of contributions based JSA. I don't think this is correct, because my understanding is that if we are 'insured' in the UK, via incapacity benefit, then the UK covers us for health (E121) and also 'family benefits'. In fact, because we are insured by the UK, we can claim neither 'family allowance' or 'family benefits' in France. I came to this site hoping to find the exact bit of law to quote to back me up and instead found the post prior to this one, which is a bit worrying!
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Old Mar 20th 2009, 5:58 pm
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Default Re: Incapacity benefit whilst abroad

Originally Posted by Hathor View Post
I am a new member to this forum - so apologies if the answers can be found elsewhere - I have looked but been unable to find .....
I am on incapacity benefit and am going to live in France in 3 months time. According to the rules I can claim incapacity benefit abroad if I tell my local jobcentre before I go, but how do I go about claiming it whilst I am abroad? Do I get sick notes from the French doctors? Do I have to pay to have them translated? do I have to come back to the Uk to have the DSS medical? Anybody any ideas?? Thanks for any help...
Yes Hathor you can claim while you are abroad and live there permenent as well, You will have to have your incapacity paid into a bank of that country, from time to time they will send you for a medical in the country your living in, roughly every 4yrs hope this has been a help
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Old Mar 20th 2009, 6:03 pm
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Default Re: Incapacity benefit whilst abroad

Originally Posted by Ka Ora! View Post
You can have Long Term Incapacity Benefit in France and also Tax Credits and Child Benefit if you are in receipt of those as well, Contact the DWP Overseas team on 0191 2187648.
No you are wrong you can no longer receive child tax credits if you live abroad permanent or child benefit this all changed Nov 2008
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Old Mar 20th 2009, 6:18 pm
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Default Re: Incapacity benefit whilst abroad

Originally Posted by Debra186 View Post
Can you tell me why Tax Credits can no longer be paid abroad since 7/11/2008? I have had our claim stopped since we moved to France and was told that this is because since April 2008, Tax Credits are classed as a 'family benefit' rather than a 'family allowance' and can therefore only be claimed if you are in receipt of contributions based JSA. I don't think this is correct, because my understanding is that if we are 'insured' in the UK, via incapacity benefit, then the UK covers us for health (E121) and also 'family benefits'. In fact, because we are insured by the UK, we can claim neither 'family allowance' or 'family benefits' in France. I came to this site hoping to find the exact bit of law to quote to back me up and instead found the post prior to this one, which is a bit worrying!
Yes i know what you mean Debra, they changed this Nov 2008 We came back to the uk in Dec and they stopped our child credits when i contacted them they said that they should not of been paying them to us while we was in Spain and then quote said because it was there mistake we would not have to pay it all back. they told me what you have quoted, I claim incapacity and claim for my wife and children through this although the child component of this is claimed through child tax credits, now i do not know if i am right or not but if you can claim incapacity while you live abroad then why can you not claim the child component ie child tax credits while you are abroad? Huuuum
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Old Mar 21st 2009, 1:23 pm
  #20  
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Default Re: Incapacity benefit whilst abroad

Hi,
A friend of mine who owns a property here in Italy injured himself quite badly whilst visiting his property last year. He made a claim for Incapacity Benefit whilst receiving medical treatment & physio here in Italy, which is by the way far superior to anything he would have received in the U.K. He is still unable to work & is unlikely to be able to in the foreseeable future. Because he is unable to work back in the U.K., has no ties to keep him there, yet has strong family ties here in Italy he wishes to spend the rest of his time recovering here in Italy, where not only will he benefit from the support of his family & friends but will also benefit from the daily physio sessions he receives whilst here. He has just received payment for the 1st 6 months & has been told what his future weekly payments will be, but he has been asked to declare whether or not he is living full time in the U.K.
The assumption here is that if he elects to spend time here benefitting from the superior health care, family support & climate then he will LOSE his Incapacity Benefit. Is this so,or can someone remain on Incapacity Benefit whilst living in, or spending a large amount of time in another E.U. country? Thanks
Ernesto
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Old Mar 21st 2009, 6:21 pm
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Default Re: Incapacity benefit whilst abroad

Originally Posted by ernesto View Post
Hi,
A friend of mine who owns a property here in Italy injured himself quite badly whilst visiting his property last year. He made a claim for Incapacity Benefit whilst receiving medical treatment & physio here in Italy, which is by the way far superior to anything he would have received in the U.K. He is still unable to work & is unlikely to be able to in the foreseeable future. Because he is unable to work back in the U.K., has no ties to keep him there, yet has strong family ties here in Italy he wishes to spend the rest of his time recovering here in Italy, where not only will he benefit from the support of his family & friends but will also benefit from the daily physio sessions he receives whilst here. He has just received payment for the 1st 6 months & has been told what his future weekly payments will be, but he has been asked to declare whether or not he is living full time in the U.K.
The assumption here is that if he elects to spend time here benefiting from the superior health care, family support & climate then he will LOSE his Incapacity Benefit. Is this so,or can someone remain on Incapacity Benefit whilst living in, or spending a large amount of time in another E.U. country? Thanks
Ernesto
Yes u can claim incapacity benefit while you live abroad, your claim will go up to Newcastle tyne side, just tell the Job centre plus where your claim is held and they will send you an international form.
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Old Mar 21st 2009, 6:37 pm
  #22  
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Default Re: Incapacity benefit whilst abroad

Originally Posted by graham barnett View Post
No you are wrong you can no longer receive child tax credits if you live abroad permanent or child benefit this all changed Nov 2008
We live abroad and still receive child benefit. However, for some reason they stopped paying it at the end of November and it took several phone calls for it to start again. The lady I spoke to was very apologetic but unable to give me a reason why it was stopped, except to say that it was an accident. Maybe it was linked to the law change last Nov, who knows. We are being paid again so I'm happy.
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Old Mar 21st 2009, 6:45 pm
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Default Re: Incapacity benefit whilst abroad

Originally Posted by LivingHere View Post
We live abroad and still receive child benefit. However, for some reason they stopped paying it at the end of November and it took several phone calls for it to start again. The lady I spoke to was very apologetic but unable to give me a reason why it was stopped, except to say that it was an accident. Maybe it was linked to the law change last Nov, who knows. We are being paid again so I'm happy.
Do you mean Family allowance or child tax credits?
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Old Mar 21st 2009, 7:07 pm
  #24  
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Default Re: Incapacity benefit whilst abroad

I mean child benefit (family allowance in old money). We are entitled to child tax credits but the hassle has beaten us and we gave up.
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Old Mar 21st 2009, 7:14 pm
  #25  
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Default Re: Incapacity benefit whilst abroad

Originally Posted by LivingHere View Post
I mean child benefit (family allowance in old money). We are entitled to child tax credits but the hassle has beaten us and we gave up.
Take a look here http://www.hmrc.gov.uk/childbenefit/...ing-abroad.htm
Tell me what you think
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Old Mar 21st 2009, 10:26 pm
  #26  
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Default Re: Incapacity benefit whilst abroad

Originally Posted by LivingHere View Post
I mean child benefit (family allowance in old money). We are entitled to child tax credits but the hassle has beaten us and we gave up.
You arent allowed child benefit/allowance when you are a resident abroad unless you are paying in to the Uk system in some way or were receiving an NI benefit..... for instance if your husband works in the UK and pays NI whilst you live abroad. You can use E109 to claim it apparantly.

To quote the Gov Site

If you move abroad permanently

If you're going abroad permanently, or expect to be away for more than 52 weeks, you won't qualify for Child Benefit unless both of the following apply:
  • you are moving to an EEA country or Switzerland
  • you are paying UK NICs or receiving a UK National Insurance-related benefit

Last edited by Mitzyboy; Mar 21st 2009 at 10:30 pm.
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Old Mar 22nd 2009, 8:10 am
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Default Re: Incapacity benefit whilst abroad

Yes I know all that. He is a civil servant working abroad. I haven't had a chance to read the link yet. The fact that we get child benefit also means I have to look after said children!
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Old Mar 23rd 2009, 2:48 pm
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Default Re: Incapacity benefit whilst abroad

You get UK child benefit if you live in a EEA country as long as your husband is still paying contributions to the UK or if either of you are receiving contributions based long term incapacity benefit from the UK (or other contributions based benefits) but what I'm being told is that they changed the rules on Child Tax Credit in April last year. The stopping of child benefit claims in November was, I believe, a mistake - I think they decided to clamp down on all abroad claimants and so closed them all, only reinstating it when you rang in and proved your claim was valid. Ours was stopped and reinstated. However, the tax credits is under appeal and we're presently being told no - but still arguing. I read the relevant law as saying that as long as we don't pay contributions in the EEA country we live in, the UK is still liable to pay us both family allowance type and family benefit type benefits. I'm waiting for someone to tell me exactly where it says this isn't right.

Last edited by Debra186; Mar 23rd 2009 at 2:55 pm.
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Old Mar 23rd 2009, 3:32 pm
  #29  
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Default Re: Incapacity benefit whilst abroad

Originally Posted by Debra186 View Post
You get UK child benefit if you live in a EEA country as long as your husband is still paying contributions to the UK or if either of you are receiving contributions based long term incapacity benefit from the UK (or other contributions based benefits) but what I'm being told is that they changed the rules on Child Tax Credit in April last year. The stopping of child benefit claims in November was, I believe, a mistake - I think they decided to clamp down on all abroad claimants and so closed them all, only reinstating it when you rang in and proved your claim was valid. Ours was stopped and reinstated. However, the tax credits is under appeal and we're presently being told no - but still arguing. I read the relevant law as saying that as long as we don't pay contributions in the EEA country we live in, the UK is still liable to pay us both family allowance type and family benefit type benefits. I'm waiting for someone to tell me exactly where it says this isn't right.

Humm that is a good point i excepted the fact when they told me they would not pay child tax credits abroad, i thinks i am going to take it further because you have a relevant point, that as long as we don't pay contributions to another EEA country but carry on paying contributions in the UK Hummm, ps i will let you know how i get on
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Old Jul 13th 2009, 3:07 pm
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Default Re: Incapacity benefit whilst abroad

Please can you help me:
I am going abroad to Southern Africa while receiving incapacity benefits. I have been informed that I must write to DWP and tell them of my absence from the UK. My councellor suggested going to spend time with my family in the hope that this might help me get better so my time abroad will be of a medical nature. When filling in my form for the DWP what must I provide them with? Also, the fact that I am going to Southern Africa - will this prejudice the possibility of me getting my benefits while I am abroad?
I've been on incapacity benefit for about a year now.

Trinity
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