Tony F Dordogne

What the DWP have usually done pre-ECJ is to write to the review 'customer' about 9 months prior to the end date of the benefit so say they need to fill in the enclosed form etc etc. Interesting to see whether they do that now.

[quote user="Benjamin"]  As an aside, we are only doing this as Mrs Benjamin is so incensed by the actions of a minority of the UK politicians. Her initial reaction to the 26/52 week rule was that it wasn't worth the effort but the tabloid revelations have changed that considerably. [/quote] But surely, to maintain the moral high-ground 'flipping' your home to obtain DLA is doing exactly what they have done AND it would open you up to charges of health tourism?

[quote user="Benjamin"] I have the greatest sympathy for people in your position who are now having to jump through hoops all over again but as far as I am concerned I can't see why you feel that the ECJ ruling shouldn't affect someone like Mrs Benjamin. [/quote] Benjamin, it's not that I feel that it shouldn't cover Mrs B, I just think that it doesn't cover Mrs B, I have no opinion whether that is right or wrong. The ECJ case was bought by people seeking reinstatement, and as far as we know having taken legal advice, not by people seeking the benefit having not received it previously.  What you are suggesting in your original message is that any British (and perhaps EU) citizen can go to the UK (the tax comments do not affect anything here), stay there for 6 months, technically qualify for and obtain DLA and then leave the UK, taking the benefit with them.  One of the early arguments by the ExpoTeam was that they were seeking further advice from their lawyers and the ECJ which would specifically prevent people doing what you are suggesting you might do and I would suggest that you speak to somebody in the DWP before you try this one. What we are doing is seeking reinstatement of a benefit that was, as we now clearly know and have an reinforcing Tribunal legal decision to support the loss of the mobility part of DLA benefit, lost under a bad UK regulation under the umberella EU law.  What you are suggesting may be allowable under the law, if your wife meets the other criteria for obtaining the benefit whilst you are domiciled in France and you are ensuring that you maintain that domicility in France whilst a temporary resident in the UK. And of course, failing to declare that you live in France may well lead to having to pay the money back if they ever found out that you had made an incorrect claim. I don't think that anybody who receives or received DLA would, for one moment, begrudge anybody receiving the benefit if they qualify, especially if they had the benefit illegally with held by the UK government.  Other users of this Forum may not agree.  

BBR, my comments are wholly and totally unprintable in a public forum - patronising, condescending b........................................ comes to mind.  Some of the civil servants nbeed to remember that this sort of attitude is costing some of their political masters their jobs!

I think the problem you may have is the competant state argument, as you're obviously doing everything you can to maintain your French residency status, France is now likely to be your wife's 'competant state', not the UK. To be absolutely honest, I don't think that the change in regulations post the ECJ ruling is supposed to cover people in your position, surely you should be claiming benefit here unless you have any sort of link to the old DLA system, I can't remember whether you previously claimed and it was rejected or this is a whole new claim.  

I've got one of the machines for transferring slides/negs to a computer and they are really easy to use (that's handy for me) and give excellent results.  The system, is a bit laborious but the results are really good.

Is that the Champion on the roundabout on the way to the airport? Not been that way for some months, turn your back for a few weeks and everything changes!

I'm not allowed to visit it, J says I've got enough plants to play with. Hoddy, I have lots of butternut squash plants from the seeds of the squash you gave me last year plus some pumpkins plus some tomatoes (not the usual sort) several thanks to DragonRouge.  Would you like some? Will send you a pm.

Tina, just read it and sent you an email off Forum.

Afternoon DR, being the sad person that I am, the paper actually sounds really interesting - you have my email address.  

Spoken to Tina this evening and there is even more confusion now over the past presence rule as what Puzzled has been told conflicts slightly to what I've been told. So, tomorrow I'm going to speak to the two Appeals/Tribunal Offices concerned to get copies of the decisions so we have something concrete to work off and I've agreed to lead on the Tribunal aspect of our appeals/claims to get the decisions.  It may also help when we use the information from Tina's website for our appeals submission. Tina will be organising the information I think tho some (but not all) of it has been sent to Puzzled already.

Hi folks I have today had a long conversation with Sharron Nestor at Age Concern England - truth is I used to work for one of the UK Age Concerns so actually know my way round the organisation tho they've just amalgamated with Help the Aged and things are rather chaotic atm. I have information that I need to disseminate about the TWO (2) appeals that they had. Tina, can you send me a private email with your telephone number, we really need to speak about this rather than keep swapping messages on here - we need to organise the best place to put the information, whether on here, on the website or on Facebook. But folks, it's very interesting and really does blow the past presence argument out the water according to ACE.

Well, bitten the bulklet this morning and sent a message to Wendy K telling her that I didn't live in the Uk for the 26 weeks prior to submitting my claim for reinstatement and also told her to send me the refusal letter with a statement of reason and let's all get to the Tribunal! My email to ACE has been read, just waiting for a reply now.

[quote user="hoverfrog"]Am I the only one that hears the voices saying "you SOW seeds, you PLANT plants"??? Maybe I was hard of hearing in my youth :)[/quote] Also setting seeds seems to be quite popular :)

[quote user="Catalpa"]If you keep the seeds absolutely dry between years, I find I still get reasonable germination. I got a very good crop of rocket last year from seed (unopened foil pack) that was 5 years old; I'm still using pea seeds from 3 years ago and my runner beans are on their third year too. But I am very careful to keep the seeds in a warm, dry atmosphere over winter. [/quote] If the seeds are foil packed they shouldn't deterioraite too badly and if they'r self gathered seeds - like peas and haricots - they should be good for three years at least, mine are if stored as above.

Steve, you must speak to your insurance company first to see whether you have any protection or support from them.  If so, they will appoint their own expert and will take things from there. If you are not covered by insurance, you must be prepared for a very long and very expensive expert enquiry and that most likely to be folowed by a similar court case.

[quote user="NormanH"]Quite normal given that most British Health tourists benefit from a superior system to which they have never paid the set up costs, but from which they want to benefit at no cost to themselves paid for by  of the British taxpayer. [/quote] So do or will you receive nothing from the UK Norman, will you make a principled stand as a French resident and deline any benefits including pension that you may have accrued in the UK? And what's all this tax that we pay, some of us in both countries, I don't see that many of us here are 'health tourists' at all, many people here still have to 'pay their way' including social charges which are, I think, paid towards health care.

Sounds like our sort of place, tho I've already got 10 varieties of tomato growing but the basil sounds like fun.  Now, when we going to Sarlat next?

From the advice I was given a four years ago now, you keep the E121 but you still pay your cotizations, I checked this out again last year when I briefly considered going back to my own business and the advice from CPAM/tax office was the same. 

No response from OP seems to be starting again and Cognac doesn't respond to the question :(  Sounds like spring has sprung on LF again and the phantom OPs are at it again. 

For those in the Perigord, the ACIP film club has a new organiser and we're now going to have two sessions, probably monthly, the first for general films and the second to watch a classic film and then have a discussion about it, classic films to include world cinema so French and Japanese for sure and not just UK/American. Had a great evening last week watching Hot Fuzz - so silly but so funny, 30 adults who might have known better having a really good laugh and then off to dinner afterwards.

Got the pm thanks Puzzled.

OK, I've phoned ACE and have spoken to their international department.  The person concerned is out of the office today but is expected back on Monday.  So I've sent the following email, priority and have left a detailed message with the colleague asking the recipient to pick up the message as priority: Dear Sharron Nestor   I spoke to one of your colleagues today who told me that you are the right person to contact.   I am trying to find a reference number or point of reference for an Appeal/Tribunal concerning the payment of Attendance Allowance for British Citizens now living in Europe, following the decision of the ECJ in October 2007.   Despite the ECJ decision, the UK Government are insisting that although the claims being from previous claimants of DLA who subsequently moved to an EU country should be treated as 'reinstatement' effectively, they are all being treated as new claims and the 26 week residence rule is being used to deny those claims.  The DWP is also arguing that the law was a good law until the date of the ECJ judgement.  However, they are also saying that if the previous claimant did not appeal against the decision to terminate their benefit (under the 'good law' when they moved to another EU country) an appeal they could not have won because the law was, in their contention, good - that will also be a reason for refusal.   The situation is that the DWP/Exportability Team are stating categorically that they want to use the 26 week residence rule to the detriment of previous claimants of DLA, much in the same way that they tried to implement in the case of AA.   A number of people living in France have already received letters of refusal and notices stating that they can appeal against that refusal and more are expected because of the contents of DLA/ExpoTeam emails which clearly outline their thinking that all 'reinstatement' cases are to be treated as new claims.   We are trying to gather as much information  as possible, including details of your case, the decision from which including an undertaking from the DWP to use the decision as guidelines (as reported on the British Legion website) it seems that although the AA and DWP benefits are supposed to be treated in the same way this is evidently not happening.   And of course, this does not touch on the 'clear speech' definitions in law on reinstatement, which the DWP Legal Department seem to be ignoring, the failure of ExpoTeam staff to respond to letters, emails or telephone calls etc (apparently they're too busy) which is leaving people without any clear ideas as to what is happening.   Any details of your case, reference numbers, Tribunal locations would be most welcome - and do you want to take on a DLA case also, it may sit comfortably with your previous case on AA?   Pleased to help and no riders about not using sharing this information - now that has really really p****d me off, who does Wendy Kettle think she is?  

We bought a house which, after we'd been here for under 3 months, flooded and it became apparent that the vice cache clause in our insurance could be invoked. That was in April 2005 and we're STILL arguing about it - not heard from the expert or the insurance company for at least 2 years despite letters (recommende) and numerous emails.  Our insurance brokers at the time don't want to know. What is the vice cache that you have found? Chateaux - more than one perhaps, they've all got problems?

I'll phone Age Concern to see whether they can help with a date/reference.