hi all i have been everywhere looking for info on moving to spain but im on DLA
and im not sure if i can still claim or do i have to come back every so offen if you can help drop me a line thanks GAR

Have a look in the free beer thread.

Two links here and here in two seconds

thanks i have been there its like a minefield will keep on trying

If you're already on it, it's transferrable

First link, carers can get it too apparently.

Hello Garzx.

We are in a similar situation in that my father is on Attendance Allowance so I've spoken to a lot of people and read up quite a bit on t'intenet.

Cannot say that this is 100% the truth - but it might be if my sources are right

From what I can gather DLA under the current rules either used to be, or could still be, transferable IF the claim started before 1.6.1992. After that the gov. ruled it to be non-exportable as is AA and Carers. The situation was then somewhat crazy in that some people could claim whereas others couldn't. In saying this however I was talking to an ex-pat last September who was refused DLA but through appeal managed to get it paid, but they said it took a long time with a lot of letters and 'phone calls.

Even though the European Court of Justice ruled back in October that these benefits should be transferable, our gov are 'looking into the effects' (or 'how do we get out of this one' )

On their website at minute -in response to this ruling, is:

"It is not yet clear what this will mean for recipients of the affected benefits. We expect to provide full details on eligibility criteria by 5 April 2008. The first payments could be made to eligible customers shortly afterwards."

...so it looks like all will be revealed at the end of this financial year...!! Wouldn't hold your breath tho'

The above only applies if you do not reside in UK for at least half the year. You are allowed to spend up to 26 weeks out of the country but I think they want to know when, where and why...

That's what they did with the Winter Fuel Allowance after the EU took them to court. It still is only available if you claimed it while living in the UK.

They will do everything to avoid paying it - they need the money for Northern Rock :curse: (or to fund the Speakers wife's taxis )

Good news for those who have to claim DLA or AA - the European Court ruling from last October pronouncing these as exportable within the EEC has been accepted (subject to certain conditions being met).

Information here
http://www.direct.gov.uk/en/Disabled...port/DG_073387

I have often thought that some of the inconsistancies, like this, or for example the fact that you lose entitlement to free health treatment after 20 months or whenever is contrary to the free movement of people and trade across european boundaries.

Can MEPs challenge it?

AFAIK it does not apply to the mobility component