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DLA in Spain - helpful contact?

DLA in Spain - helpful contact?

Old Dec 29th 2010, 9:51 am
  #1  
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Default DLA in Spain - helpful contact?

Can anyone suggest a helpful contact, group or organization that can give us some advice on our problems with the DWP and a claim for DLA.
My other half claimed DLA in the UK but when we moved to spain in 2004 we gave it up as we were led to belive that was required.
We then subsequently discovered that it was 'exportable' and made a claim. The DWP eventually accepted we should have continued to get this benefit and paid him up until 2008.
However, they now say we are no longer entitled and its due to our lack of eligibility for other UK sickness benefits. Very complex so i wont bore you with the details but I am searching for anyone who has any advice to give or anyone who has successfully claimed DLA - legitamely - since moving abroad.
My husband has significant disability and although we have applied to the spanish authorites,he is not entitled. Thanks in advance for any helpful suggestions.

I am editing this as I have just seen various exchanges between this ste and crusty crab, I had not spotted these before. i am guessing any help will not be forthcoming but will leave my post here on the off chance

Last edited by mariajose; Dec 29th 2010 at 9:55 am.
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Old Dec 29th 2010, 2:09 pm
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Default Re: DLA in Spain - helpful contact?

Originally Posted by mariajose
Can anyone suggest a helpful contact, group or organization that can give us some advice on our problems with the DWP and a claim for DLA.
My other half claimed DLA in the UK but when we moved to spain in 2004 we gave it up as we were led to belive that was required.
We then subsequently discovered that it was 'exportable' and made a claim. The DWP eventually accepted we should have continued to get this benefit and paid him up until 2008.
However, they now say we are no longer entitled and its due to our lack of eligibility for other UK sickness benefits. Very complex so i wont bore you with the details but I am searching for anyone who has any advice to give or anyone who has successfully claimed DLA - legitamely - since moving abroad.
My husband has significant disability and although we have applied to the spanish authorites,he is not entitled. Thanks in advance for any helpful suggestions.

I am editing this as I have just seen various exchanges between this ste and crusty crab, I had not spotted these before. i am guessing any help will not be forthcoming but will leave my post here on the off chance

DWPinSpain
is a member here

maybe they could help?
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Old Dec 29th 2010, 2:23 pm
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Default Re: DLA in Spain - helpful contact?

Originally Posted by mariajose
I am editing this as I have just seen various exchanges between this ste and crusty crab, I had not spotted these before. i am guessing any help will not be forthcoming but will leave my post here on the off chance
Hey, I can assure you that everyone that can will try to help you ..... those exchanges were really pretty much down to the attitiude of the poster at the time.

I must admit, I still thought it was exportable ... at least thats what I have read. I know that you cant claim for it normally retrospectively if you already live here, but thats not really the case with yourself is it, as you were claiming before.

As mentioned, why not try pming DWPinSpain ... I'm sure they must know
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Old Dec 29th 2010, 2:32 pm
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Default Re: DLA in Spain - helpful contact?

thanks for quite response. I will pm DWP as suggested. Ta
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Old Dec 29th 2010, 8:52 pm
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Default Re: DLA in Spain - helpful contact?

From DLA website.....

http://www.direct.gov.uk/en/Disabled...ce/DG_10012424

"Going abroad to live or visit....
If you are going to live abroad permanently you cannot usually get Disability Living Allowance.

If you move to another country in the European Economic Area (EEA) or Switzerland and you already receive the care component of Disability Living Allowance, you may continue to get it under certain circumstances.

If your visit abroad is temporary, you may continue to get Disability Living Allowance if:

your absence from Great Britain does not last more than 26 weeks (this includes going on holiday)
your absence is only to get medical treatment for a condition which began before leaving Great Britain"

You may successfully claim the 'Care Component' only, but I dont think you'll get full DLA.
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Old Mar 14th 2011, 4:50 pm
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Default Re: DLA in Spain - helpful contact?

The mobility component of DLA is slowly working its way through the ECJ system. Some very important rulings by Upper Tribunal Judge John Mesher have changed the whole picture!
Go to http://www.osscsc.gov.uk/Aspx/view.aspx?id=2806

Write to your MP and ask, with reference to the above, when will the DWP rule? We are part of the 1 billion £ underpayment!
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