GlasgowGeek

Hi Folks,

Im sure this has been covered before but i'm finding bits and pieces all over the place and it's really hard to make any sense out of it all. Hopefully someone here can relate to our situation and let us know from experience what will happen if we move to Spain?

I get a War Pension wirh ALSO and Mobility. DLA low care and an underlying entitlement to high mobility (not paid becauses of WP). I am on Incapacity through Income Support. We get Child, Housing and Council Tax Benefits.

My wife gets Carers Allowance (for my daughter)

My daughter (10) gets DLA low mobility and med care.

My son (12) is on DLA low care.

Can anyone tell us what happens to all this? A lot of the info on Govt. sites is really murky and i don't want to contact them about it (call it paranoia)!

Does anyone know of a good advisor in Glasgow? (CAB have usually been no good regarding anything foreign/EEU related).

Thanks guys!

jdr

Have a look in the free beer thread, there are at least two links on there to info about this.

sunshine sue

Hi,

I can only tell you my experience.

child benefit ceased when I bought my 11 year old over to Spain.

my other son has been told he would lose DLA if he moved here too. Also no incapacity benefit here.

I think you can only be away from UK for short time before you are affected.


Sue

mikelincs

However, the UK government has been told by the EU commisioners that it is illegal for them to withhold some of those benefits because you have moved abroad, apparently the UK departments affected are currnetly 'looking into how it has to be implemented' in other words just what they can get away with NOT letting people have.

GlasgowGeek

Been through the links already, hence this post :-)

But thanks anyway.

jdr

Didn`t you like this one HERE ?

GlasgowGeek

Sure that was all easy enough. I just can't work out what happens to IB, whether there is anything like CTB or HB and if my War Pension increases so that Income Support is stopped, how all that will affect things. I think i can get my wheelchair costs through the vets agency but i don't know about my health & dental care or for the rest of he family so i was hoping there might be others in the same oor similar situation.

EsuriJohn

There have been a couple of threads within the last six months with questions on War Pensions so there are other Brits in your situation. If you do a search on WP it should throw them up and you could PM.

I think you can transfer and get paid direct into your Spanish account the WP but after that you are at the mercy of DWP and DHS up in Newcastle. Some of your allowance have been said by others to be transferable, some definitely not and others are subject to the EU ruling which is still up in the air as far as Newcastle are concerned so you will not get sense from them until the politicians make a decision.

There are branches of the Royal British Legion in Spain and Portugal so you could email there HQ in London they must have an expert on this from questions they receive from Iberia. Also your Regimental Association may be able to help if you don't want to expose your personal case to Newcastle till you have a better feel for the route to take. A crusty old colonel or passed over major is just the right type to put up against the stone wall of civil servants.

suelesj

You should still be entitled to Incapacity benefit if you contributed to the system prior to claimimg it. If you were in receipt of DLA prior to 1992 or may be 1994 you can live outside UK and still be entitled to claim it. A chap called Hacket took this to the European Court a few years ago on the grounds of discrimination and that court ordered that the UK was in breach of
the discrimination laws and ordered it to pay DLA to all claimants living within the EU. One of the reasons given by the UK for not paying DLA to those living outside its borders was that it is a non-contributory payment and is therefore
non-transportable.

GlasgowGeek

Hi guys,

I did have a search for posts and already have a PM to reply to. But what you said, says it all: SOME say this and SOME say that :-/
I can't even get relevant legislation through the EU sites which is a bleedin nightmare!

As a plus point, i did have a visit from War Pensions Welfare yesterday who are going to look into a lot of things for me. As far as they (Glasgow Branch) are aware, no supplements have been cancelled (including WP Mobility) because of moving abroad so hopefully we will be able to rely on my WP as a minimum income even if the DHSS decide to play rough (as they probably will).

I know of a few crusty old colonels (still serving!) that would be more than up to the job. I'd rather deal with the DHSS though! :-)

Cheers,
Glenn

GlasgowGeek

I did contribute but i left the army in Germany and paid into the German NI funds for 12 years (was told it is all EU so no difference where i pay in). I did check on the IB rules but i'm sure there are a couple of obscure exceptions they could get me on if they wanted to. Fortunately there is a war pensions equivalent i can go for which is payable instead of IB so i will try and get that sorted first.

I am just worried about healthcare for the rest of the family once Income Support is taken away from us :-/

EsuriJohn

I think that paying into other NI funds only preserves you old age pension rights anywhere in the EU and your other benefits in that country.

If you are entitled to an E121 as a pensioner (and you should be) once you have registered that in Spain the rest of your family are also entitled to healthcare as your dependants. Again lots of prvious post on this with lots of opinions but the consensus seems to be thats how it works. Check your E121 status to start with.

suelesj

Unfortunately like every ex-pat living in Spain, unless you are over 65, you have to make your own arrangements for health care, usually private, though I sure if there is an emergency they will treat you initially but you have to go back to UK for any after care.

EsuriJohn

The E121 gets round that problem but going back to the UK for care or after care is against the rules once you have left permanantly, you have a sixth month waiting period before you are entitled to NHS care again. Of course lots do it but the observance of the rules is being tightened all the time and you may be the unlucky one.

suelesj

If we are talking `legally´the E121 does not get round that problem as that is
only supposed to be for people on holiday!