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New Claims for Disability Living Allowance

New Claims for Disability Living Allowance

Old Mar 17th 2010, 3:36 am
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Default New Claims for Disability Living Allowance

Hi everyone,

I applied for DLA back in February 2008 from Spain after it was announced in October 2007 that this was possible.

I was rejected due to the 26 week rule where you have to be physically, in person, be in the UK. This was not possible as I have two young children in full time education in Spain.

I appealed this decision on the bases that I am a Dependent of a Family Member who lives and works in the UK. And also the fact that I have been in receipt of Long-Term Incapacity Benefit since 1996.

I received an email from the Exportability Team at the DLA asking for proof of dependency, which they have now received and my claim in now with the POLICY DEPARTMENT, who apparently are the department that deals with cases that the normal department of the DLA cannot decide if a claim is OK or not.

I am now awaiting a response from the DLA. And if I am turned down my case will go to appeal.

There were a few Test Cases heard in London at the beginning of March but I think they covered existing claimants who lost their DLA when they moved from the UK. Anyway, if anyone has any news, updates or even personal experiences they would like to share with me with regards to the above I would be very interested in seeing if others are having the same problem as me.

Thanks for listening
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Old Mar 17th 2010, 4:45 am
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Default Re: New Claims for Disability Living Allowance

I have nothing really to add other than I too thought you had to be UK resident to claim it (then you can take it with you to Spain).

But good luck and keep us posted.
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Old Mar 19th 2010, 5:23 pm
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Default Re: New Claims for Disability Living Allowance

Originally Posted by scampicat View Post
I have nothing really to add other than I too thought you had to be UK resident to claim it (then you can take it with you to Spain).

But good luck and keep us posted.
My claim is with the Policy Department now at the DWP/DLA and has been for the last few weeks. Still no news. I think they are checking out my dependency evidence they asked me to send them, they cant decide for themselves so have sent it to Policy department for advise.
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Old Mar 23rd 2010, 11:06 pm
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Default Re: New Claims for Disability Living Allowance

Hi,

Would anyone know or heard of such a thing as a "Cost of Living Pack" in particular for Fungirola, Spain. I believe that the Policy Department at the DWP will need to pursue this from the Spanish Council (but am only guessing), in relation to my new DLA claim that will probably be used to check against my list of income and expenditure that the Expo Team have asked me for, which they have received ages ago. This is in relation to the "dependency" rule for DLA.

Also has anyone heard any news regarding the 26 week rule and if it has been overturned. If not, any idea when a final decision will be made.
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Old Mar 24th 2010, 5:03 am
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Default Re: New Claims for Disability Living Allowance

I don't know anything myself, but maybe you could try posting in the Benefits section of the forums on a specialist site (don't know if I am allowed to link to them here), please pm me if you require more detail.
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Old Mar 24th 2010, 8:50 am
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Default Re: New Claims for Disability Living Allowance

Originally Posted by scampicat View Post
I don't know anything myself, but maybe you could try posting in the Benefits section of the forums on a specialist site (don't know if I am allowed to link to them here), please pm me if you require more detail.
Hello Scampicat,

Thank you for your reply. Where would I find the benefits section?

Regards,

HB
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Old Mar 24th 2010, 9:09 am
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Default Re: New Claims for Disability Living Allowance

Hi I will send you a pm
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Old Mar 27th 2010, 11:47 pm
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Default Re: New Claims for Disability Living Allowance

Originally Posted by scampicat View Post
Hi I will send you a pm
Just to update you. I telephoned the DLA Helpline of Friday and was told that the Policy Department has finished with my claim and it is back with the Expo Dept, I think she told me it was with the Decision Makers. I asked if it would be OK to ring Monday to see whats happening.

She would/could not give me any more information on my claim. Do you think it is possible that the Helpline really don't know the outcome and that Expo would have more information. I never know if Helpline know or not s I assume all computers are linked up.

What do you think?
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Old Mar 28th 2010, 5:56 am
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Default Re: New Claims for Disability Living Allowance

I think they do not know. If it is with the decision maker with all the relevant information from other places, then I assume they are awaiting the judgement of the decision maker.

Good luck and keep us posted.
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Old Mar 28th 2010, 12:00 pm
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Default Re: New Claims for Disability Living Allowance

lots of info on this and other benefit matters here

http://www.direct.gov.uk/en/Disabled...port/DG_073387
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Old Mar 28th 2010, 12:53 pm
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Default Re: New Claims for Disability Living Allowance

Originally Posted by spain View Post
lots of info on this and other benefit matters here

http://www.direct.gov.uk/en/Disabled...port/DG_073387
Thanks for the info. I have read this before. But mine is a more complex case, as it is a new claim from Spain. This is why it was sent to the Policy Department, after the Expo emailed me and asked for dependency evidence, which I sent them and they passed it on to the policy dept because it was too complex for them to decide. As I said it is now back from the policy department and with the DM and Expo. I have no idea what the outcome is. So will ring them on Monday. If dependency is not passed then claim will have to go to tribunal. I was informed that maybe the Policy department had to ask for a "cost of living pack" from Spain in the area that I live, but am
not sure of this.
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Old Mar 30th 2010, 3:01 pm
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Default Re: New Claims for Disability Living Allowance

There was an article in the costa blanca new recently stating that "the UK condition of asking for presence in the UK territory during 26 out of 52 weeks on the date of the application for the benefit is contrary to Community Law and provisions in Regulation 1408/71. Therefor, the Commission services, in accordandce with Article 226 EC Treaty, have decided to initiate formal infringent proceedings against the UK with reference number 2009/2139.'

Since this article there has been a further article giving the UK time to respond and a date earlier this year when it was being heard in the commons, I have heard nothing since. Good luck!
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Old Mar 30th 2010, 3:06 pm
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Default Re: New Claims for Disability Living Allowance

Originally Posted by prettykitty View Post
There was an article in the costa blanca new recently stating that "the UK condition of asking for presence in the UK territory during 26 out of 52 weeks on the date of the application for the benefit is contrary to Community Law and provisions in Regulation 1408/71. Therefor, the Commission services, in accordandce with Article 226 EC Treaty, have decided to initiate formal infringent proceedings against the UK with reference number 2009/2139.'

Since this article there has been a further article giving the UK time to respond and a date earlier this year when it was being heard in the commons, I have heard nothing since. Good luck!
Hello,

Yes I know about the condition. But I did not know it was going to be discussed in the commons. I dont surpose you know when the date it will be heard will be.

Thank you
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Old Mar 30th 2010, 4:42 pm
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Default Re: New Claims for Disability Living Allowance

Originally Posted by prettykitty View Post
There was an article in the costa blanca new recently stating that "the UK condition of asking for presence in the UK territory during 26 out of 52 weeks on the date of the application for the benefit is contrary to Community Law and provisions in Regulation 1408/71. Therefor, the Commission services, in accordandce with Article 226 EC Treaty, have decided to initiate formal infringent proceedings against the UK with reference number 2009/2139.'

Since this article there has been a further article giving the UK time to respond and a date earlier this year when it was being heard in the commons, I have heard nothing since. Good luck!
Hello,

Ah yes, that was for a petition that John R Patrick, put to the European Commission in 2008.

This is one of the petitions that is under legal review and is still in the legal stage.

Perhaps it is time for ex-pats to contact the European Commission again, to remind them that, after 2 years, the UK government are still providing, contrary to Community Law and provisions in Regulation 1408/71, having been informed in 2008, the time to comply is overdue.

Many voices are usually better than one
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Old Mar 30th 2010, 10:40 pm
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Default Re: New Claims for Disability Living Allowance

Hi

I believe the date was in February this year but I have heard nothing since, sorry, the Costa Blanca News ran an article, I keep watching for an update..Maybe someone else out there knows something...
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