Council Regulation 1408/71
#1
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Thread Starter
Joined: Dec 2009
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Is this still correct, as this Regulation seems to be the best chance I have at my written appeal, as mine is a new claim from Spain.
Council Regulation 1408/71
I quote "Where the granting of a disability or invalidity benefit covered by paragraph 1 is subject, under the legislation of a Member State, to the condition that the disability or invalidity should be diagnosed for the first time in the territory of that Member State, this condition shall be deemed to be fulfilled were such diagnosis is made for the first time in the territory of another Member State. The past presence criteria also relates to new claims where the UK remains the competent State.
Thank you

Council Regulation 1408/71
I quote "Where the granting of a disability or invalidity benefit covered by paragraph 1 is subject, under the legislation of a Member State, to the condition that the disability or invalidity should be diagnosed for the first time in the territory of that Member State, this condition shall be deemed to be fulfilled were such diagnosis is made for the first time in the territory of another Member State. The past presence criteria also relates to new claims where the UK remains the competent State.
Thank you

#2

Is this still correct, as this Regulation seems to be the best chance I have at my written appeal, as mine is a new claim from Spain.
Council Regulation 1408/71
I quote "Where the granting of a disability or invalidity benefit covered by paragraph 1 is subject, under the legislation of a Member State, to the condition that the disability or invalidity should be diagnosed for the first time in the territory of that Member State, this condition shall be deemed to be fulfilled were such diagnosis is made for the first time in the territory of another Member State. The past presence criteria also relates to new claims where the UK remains the competent State.
Thank you

Council Regulation 1408/71
I quote "Where the granting of a disability or invalidity benefit covered by paragraph 1 is subject, under the legislation of a Member State, to the condition that the disability or invalidity should be diagnosed for the first time in the territory of that Member State, this condition shall be deemed to be fulfilled were such diagnosis is made for the first time in the territory of another Member State. The past presence criteria also relates to new claims where the UK remains the competent State.
Thank you

#3
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Thread Starter
Joined: Dec 2009
Posts: 172


Not to be rude, but do you speak for everyone of this forum!
I will wait to see if anyone can shed some light on this as it is a well known point of law and relevant for anyone trying to claim DLA.

#4
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Then you can concentrate your energies into comething more productive


#5
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Thanks anyway


#6

CC, I have no idea either .... I suspect this is so complex that none of us would be able to give you a definitive answer

#7
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why not contact the citizens advice in the UK write or phone

#9
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#13
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#14
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Why not try to get in touch with the Help the Aged or the British legion, I know this may be out of their services but they must have members with the same questions as you have about certain benefits.
It seems more likely that you will get some relevant info from members of organisations that help Brits abroad, because all we can offer is an opinion and not a very studied one at that.
It seems more likely that you will get some relevant info from members of organisations that help Brits abroad, because all we can offer is an opinion and not a very studied one at that.

#15
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Location: Spain 4th feb 08 - October 11, now flits batck and forth from sunny Worthing
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heres where they are tomorrow, I think they're running a garden party in Fuengirola - they've mentioned it on the forum, so you should have ssen it
http://britishexpats.com/forum/showthread.php?t=667944
Jo x
http://britishexpats.com/forum/showthread.php?t=667944
Jo x
