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Incapacity benefit whilst abroad

Incapacity benefit whilst abroad

Old Jul 13th 2009, 3:28 pm
  #31  
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Default Re: Incapacity benefit whilst abroad

Originally Posted by Trinity 38 View Post
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
Certain incapacity benefits are transferrable to certain countries. I know thats a bit vague, but you really need to ask the DWP to be 100% sure. You wont be able to claim unemplyment benefit of course if you are living there
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Old Jul 14th 2009, 8:19 am
  #32  
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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.
I think you will find that child tax credits are not classed as a benefit and that is why they have stopped them
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Old Dec 12th 2009, 1:21 pm
  #33  
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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.
We are moving abroad too and we are obviously hoping to continue to receive our child benefit and child tax credits. You say you are entitled to child tax credits although the hassle made you give up. Have you had anymore luck with that and how is it that you are entitled to them? Thank you.
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Old Dec 12th 2009, 3:30 pm
  #34  
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Default Re: Incapacity benefit whilst abroad

Originally Posted by peternuell View Post
We are moving abroad too and we are obviously hoping to continue to receive our child benefit and child tax credits. You say you are entitled to child tax credits although the hassle made you give up. Have you had anymore luck with that and how is it that you are entitled to them? Thank you.
Normally you wont be entitled to Child Benefit if you no longer reside in the UK. Why should you be! You won't be living there any more! I'm not sure about child tax credits, but legally everything I have ever seen or read is that unless you still have a dependent living in the UK contributing to the NI system (I.E you reside in Europe but husband works and resides in UK), you dont qualify legally.

There are some benefits exportable now, such as the subject of this thread if you were alrteady claiming it when you moved.
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Old Dec 15th 2009, 2:09 pm
  #35  
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Default Re: Incapacity benefit whilst abroad

Originally Posted by Mitzyboy View Post
Normally you wont be entitled to Child Benefit if you no longer reside in the UK. Why should you be! You won't be living there any more! I'm not sure about child tax credits, but legally everything I have ever seen or read is that unless you still have a dependent living in the UK contributing to the NI system (I.E you reside in Europe but husband works and resides in UK), you dont qualify legally.

There are some benefits exportable now, such as the subject of this thread if you were alrteady claiming it when you moved.
,

Huum why should you be! why not? stood on a piece of land does not mean anything in this day and age, i thought we had a European union. does it really matter, if you are still paying into the system of your country, look where Britain has got with its political correctness up the swanny without a paddle.
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Old Dec 15th 2009, 5:42 pm
  #36  
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Default Re: Incapacity benefit whilst abroad

Originally Posted by graham barnett View Post
,

Huum why should you be! why not? stood on a piece of land does not mean anything in this day and age, i thought we had a European union. does it really matter, if you are still paying into the system of your country, look where Britain has got with its political correctness up the swanny without a paddle.
Why not? Because you have made a decision to leave the shores of the UK and live elsewhere, paying your taxes elsewhere .... so you are no longer contributing to the system or resident in the UK. When I moved abroad I knew I would lose certain entitlements, and I accepted that. We do have a European Union, but unfortunately it's full of anomalies. Remind me again, whats the only country in the EU that doesnt use the €?
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Old Dec 15th 2009, 5:58 pm
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Default Re: Incapacity benefit whilst abroad

Originally Posted by Mitzyboy View Post
Why not? Because you have made a decision to leave the shores of the UK and live elsewhere, paying your taxes elsewhere .... so you are no longer contributing to the system or resident in the UK. When I moved abroad I knew I would lose certain entitlements, and I accepted that. We do have a European Union, but unfortunately it's full of anomalies. Remind me again, whats the only country in the EU that doesnt use the €?
Maybe this is why Americans understand the EU more clearly than some EU members.. it's more similar to our Federal system where some basic things are covered by national laws but most personal things are left to the independant states.

I'm sure you could claim the benefits of the member country where you reside. However, even if I paid taxes in California all my life, if I move to Oregon, I'm entitled to Oregon benefits, not California's.
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Old Mar 19th 2010, 4:46 pm
  #38  
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Default Re: Incapacity benefit whilst abroad

Originally Posted by Le Chant View Post
Yes, they are. But you have to have been in receipt of them before 1992.

Hello, I have lived in Spain since 2006 and was able to export my LTIB which I have been in receipt of since 1996. Also my CTC and my CB.

I was last seen by a doctor in UK for my IB review 5 years ago and am now due for a renewal in July 2010. I spoke to the IB department and was informed that a letter would go to my doctor here in Spain and the usual renewal letter would be sent to me.

Also you can apply for DLA from outside UK. I did so in February 2008. I was turned down on the 26 week rule, but appealed on the fact that I am a dependent of a worker in the UK. Also my NI contributions are being paid by IB so I am up-to-date in the UK. The UK also pay for my medication in Spain.

My claim is currently with the Policy Department at the DWP and am awaiting result as I speak. If dependency is turned down it will go to appeal.
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Old Apr 5th 2010, 2:00 pm
  #39  
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Default Re: Incapacity benefit whilst abroad

Originally Posted by graham barnett View Post
The higher component of Incapacity has a built in disability payment anyway!, but be aware a lot of new rules for benefits have now come into affect ie: you can no longer claim tax credits abroad as of the 7th November 2008, but am i correct in thinking that this is the child component of Incapacity because the Incapacity payment does not include children?
I have been in receipt of long term IB since 1996. And yes, you can export it to Spain, plus you don´t have to have it paid into a Spainish account if you dont want to, mine is paid into my account in UK. My Child Benefit and my Child Tax Credit is also paid direct into my UK bank account. I had no trouble what-so-ever in exporting these benefits and the DWP are well aware that I live in Spain on a permanent basis, they send all correspondence to my home in Spain. I do believe that I am able to get CB and CTC in Spain because I am on long term IB.

Also IB does not include a child component, it is desgined for the person who is claiming and does not not include your children. There is an age addition attached to IB and you also must have paid enough N.I contributions to be able to get IB in the first place. So whilst I was working in UK, I was paying NI and Tax and now because i can´t work IB are paying my N.I contributions which will allow for a full UK pension when the time comes.

My IB review is sometime in July, after 5 years. I telephoned IB department and was told that a questionnaire would be sent to my Doctor here in Spain and as she does not know my full medical history, I am allowed to help her fill in the form. Also I would the normal review form that you get from time to time and then send it back with doctors letter. IB did not say that I had to attend a medical here in Spain and also, I do not have to go back to UK for medical.

Last edited by crustycrab; Apr 5th 2010 at 2:08 pm. Reason: Few add ons I forgot to write
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Old Apr 25th 2010, 9:27 am
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Default Re: Incapacity benefit whilst abroad

Does anyone have any updates on Long-Term Incapacity Benefit in (Spain). I am still in receipt of mine which started in 1996, but like I said earlier I have a review in July. I have heard that the Government want to get everyone of off IB and onto Job-Seekers. This would be pretty difficult if you do not live in the UK!!!!!!

Any thoughts
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Old Aug 6th 2010, 1:21 pm
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Default Re: Incapacity benefit whilst abroad

crustycrab you were lucky if your CTC didn't get stopped in 2008 because as far as I found out, everyone's did under the rule that it wasn't classed as a family allowance but a family benefit, means tested, and therefore not payable in law. this has now changed because the implementing regulation for regulation 883/2004 has been ratified as of 1st May 2010 and now, if you receive long term IB or a state pension, you are entitled to CTC if you have dependant children. I've been told that it won't be payable for the gap between 2008 and May 2010 because they had no basis in law to pay it for that period.

How did your review go? We're expecting to have one early next year and wondered how they're going to handle claimants abroad, since you have to be available for work in the UK under the new ESA rules......
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Old Aug 6th 2010, 4:14 pm
  #42  
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Default Re: Incapacity benefit whilst abroad

Originally Posted by Debra186 View Post
crustycrab you were lucky if your CTC didn't get stopped in 2008 because as far as I found out, everyone's did under the rule that it wasn't classed as a family allowance but a family benefit, means tested, and therefore not payable in law. this has now changed because the implementing regulation for regulation 883/2004 has been ratified as of 1st May 2010 and now, if you receive long term IB or a state pension, you are entitled to CTC if you have dependant children. I've been told that it won't be payable for the gap between 2008 and May 2010 because they had no basis in law to pay it for that period.

How did your review go? We're expecting to have one early next year and wondered how they're going to handle claimants abroad, since you have to be available for work in the UK under the new ESA rules......
Hello,

I receive CTC and CB because I am in receipt of LTIB so when I moved to Spain I was able to export these with me. There has been no "gap" that I am aware of between 2008 and 2010, I am sure either the DWP or my legal advisor would have informed me of this if this was in fact true. Or indeed, my payments would have stopped and a letter of explanation would have been sent to me. It is because I have exported my IB in the first place that I was able to export CTC and CB in the first place. IB is "means" tested in so far as you have had to pay enought N.I contributions into the UK system to be eligible to claim if for the first time. There is no other qualifying factors, apart of course, substantial medical evidence.

I have spoken to IB regarding my renewal and all that will happen in that a form will be sent to my doctor to fill in and send back and then if the DWP do not have enough information, then they will send a form to me to fill in for more information of which I have over 20 years of, plus of course new evidence i.e being diagnoised with Bipolar in Spain in 2009 along with the reason why I claimed IB in the first place. If the DWP wish for me to see a DWP approved doctor here in Spain then that is not a problem as long as it is not too far off.

David R Burrage my legal advisor has also prepared and sent 2 x interim submissions for my Tribunal appeal for DLA which Judge Jones is looking at at the moment and Mr Burrage will be flying to UK on my behalf to represent me at Tribunal.

Mr Burrage has also requested of the Judge that the DWP´s submission against my case be sent to the Director of Public Prosecutions due to the fact that the DWP have blantantly Perveted the course of Justice.

Last edited by crustycrab; Aug 6th 2010 at 4:19 pm.
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Old Aug 7th 2010, 1:09 pm
  #43  
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Default Re: Incapacity benefit whilst abroad

The gap is that in April 2008 the EU advised the UK benefits people that CTC was a family benefit and not payable in law where there was no residency. Therefore many people, obviously not all as it didn't affect you, had their CTC stopped in the period followiing that. In our case we were told we could move with it and it was stopped shortly after we did. A new regulation now passed has removed the distinction between family benefits and family allowance so its now claimable again. You might not be aware of it but many people appealed this decision and the HMRC's side was upheld in each case by the Upper Tribunals concerned. Look up 883/2004 and child tax credit and you'll find some cases. Like I said - you are lucky you are still getting it.
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Old Aug 7th 2010, 1:22 pm
  #44  
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Default Re: Incapacity benefit whilst abroad

Originally Posted by Debra186 View Post
The gap is that in April 2008 the EU advised the UK benefits people that CTC was a family benefit and not payable in law where there was no residency. Therefore many people, obviously not all as it didn't affect you, had their CTC stopped in the period followiing that. In our case we were told we could move with it and it was stopped shortly after we did. A new regulation now passed has removed the distinction between family benefits and family allowance so its now claimable again. You might not be aware of it but many people appealed this decision and the HMRC's side was upheld in each case by the Upper Tribunals concerned. Look up 883/2004 and child tax credit and you'll find some cases. Like I said - you are lucky you are still getting it.
Hi,

Do you live abroad and are you in receipt of IB?
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Old Aug 8th 2010, 2:13 pm
  #45  
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Default Re: Incapacity benefit whilst abroad

Yes and yes. We still get the child benefit because of being in receipt of IB, the 'qualifying benefit'. CTC was stopped in April 2008 when HMRC changed their view of it. We are to receive it again now, as from 1 May 2010, when the implementing regulation for regulation 883/2004 was ratified.
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