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wild geese

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  1. Thanks Tony,

    I never thought about interest, although I did think about compensation for all the hassle etc. How do I go about getting interest, do I just ask them over the phone or will I need to write a letter?

    Thanks

    Wild Geese
  2. Hi Everyone,

    Well we have received a bit of good news today. This letter arrived from the Decision Makers Team in Castle Court Belfast.

    Copy of letter below (names and reference numbers deleted):-

    --------------------------------------------------

    If you get in touch with us tell us this reference number * * * * * * * * *

    Mrs Bloggs

    SOCIAL SECURITY AGENCY

    Disability and Carers Service, Castle Court, Royal Avenue, Belfast, BT1 1HR

    Our phone number: (028) 9090 6186 Our fax number: (028) 9049 0220 Website: www.nidirect.gov.uk

    Case Reference Date

    **- ****** 16/11/2010

    Dear Mrs Bloggs

    I am writing to you with regard to your recent appeal application regarding the decision to disallow you entitlement to Carers Allowance from 4/1/2010.

    Upon receipt of your appeal, your case was once again referred to our Decision Making Services team for advice. Having looked again at the details of your case and after considering the guidance and instruction issued by our Great Britain counterparts, Decision Making Services have instructed us that their previous guidance to disallow your claim was in fact incorrect and accordingly they have instructed us to revise our decision to re-instate your entitlement to Carers Allowance.

    Accordingly we will shortly re-instate payment to you again and you are due arrears of Carers Allowance from 2/8/2010. Your entitlement to Carers Allowance will continue to be exported provided all other entitlement conditions are satisfied eg DLA continuing to be paid to your husband etc.

    I can only apologise to you on behalf of the department for the confusion and de!ay in reaching this decision. Given our revised decision your appeal.request will now lapse but if you require any further information with regard to this matter you can contact me on 02890 490052.

    Yours sincerely John Thompson

  3. Hi all,

    Just sending a copy of the letter of explanation from the Carer's Allowance dept in Belfast which I received today.

    Regards

    Wild Geese

    If you get in touch with us tell us this reference

    SOCIAL SECURITY AGENCY

    Disability and Carers Service, Castle Court, Royal Avenue, Belfast, BT1 1HR

    Our phone number: (028) 9090 6186 Our fax number: (028) 9049 0220 Website: www.nidirect.gov.uk

    Case Reference Date

    26/08/2010

    Dear

    I am writing to you with regard to your request for an explanation of our decision to disallow you entitlement to Carers Allowance from and including 4/1/2010.

    As you are aware the European Court of Justice decision amended the the classification of Carers Allowance from a Special Non Contributory Benefit to a Sickness Benefit and as such the United Kingdom could be deemed the competent state for payment of a sickness benefit if a customer went to reside in another EEA state.

    For the UK to deemed the competent state the customer must fall into one of the following groups:-

    Claimants in receipt of of a pension from the UK i.e. State Retirement Pension, Long

    Term Incapacity Benefit, A Bereavement Benefit or an Unemployability Supplement.

    Those covered by UK contributions in the relevant income tax years (RITY) that would

    enable them to claim short term incapacity benefit or healthcare cover from the UK.

    Claimants of family members of those in group 2

    Certain workers and their family members.

    In considering your entitlement to having your Carers Allowance 'exported1 whilst you resided in France we determined that you fell into group 2 listed above i.e that you had RITY cover to enable you to claim Short Term Incapcity Benefit etc.

    06/10

    Page 1 of 1

    Our guidance states that the UK will be the competent state for a sickness benefit where the claimant is insured in the UK for sickness benefits i.e where he/she satisifies the normal Relevant Income Tax Year contribution conditions that would give title to Short Term Incapacity Benefit as at the date the claimant leaves the UK to live in another EEA member state.

    Our guidance also states that where the normal RITY conditions are met, the UK will continue to be the competent state until the date from which the claimants national insurance cover ends (the first day on which the claimant would no longer meet the RITY contribution conditions for title to Short Term Incapacity Benefit on a new claim.

    To ascertain details of your national insurance contributions we contacted our DWP colleagues in Longbenton, Newcastle Upon Tyne and confirmed that RITY entitlement was determined by applying the qualifiying conditions to the 3 complete tax years prior to the benefit year in which the customer left the UK. That meant that we could only apply contributions paid by yourself or CA national insurance credits awarded to you prior to 1/10/2007( the date you left the UK). We sent off a proforma to our GB colleagues to confirm the contribution cover for yourself and your husband and to confirm any contribution end date. I have attached a copy of this proforma for your perusal.

    Our colleagues confirmed that you and your husband had RITY cover for the tax years 2004/2005, 2005/2006, 2006/2007, 2007/2008. Your cover was by means of your Carers Allowance credits and your husband was covered by virtue of his Incapacity Benefit credits. They also confirmed that the RITY cover end date for you and your husband was 2/1/2010.

    Unfortunately as your husbands RITY cover also ended on 2/1/2010 you could not be assisted as a family member. Accordingly we then had'to disqualify your entitlement to CA from 4/1/2010. Again as discussed with you I have been advised by my DLA colleagues that your husbands DLA will continue to be 'exported' as he also falls into group 1 in that he receives payment of Long Term Incapacity Benefit which protects this entitlement.

    I hope this letter will suffice to explain our decision and as previously advised I have issued appeal forms to yourself if you wish to proceed with your appeal against our decision.

    Yours sincerely John Thomson

    03/10 Page 2 of 1

    Family Member Rity Enquiry

    CA Customer

    NiNo:

    DOB:

    Last Worked in

    Unknown

    UK

    Partner

    NiNo:

    Last Worked in

    Unknown

    UK

    Date moved

    06/10/2007

    abroad

    Customer contributions & cover end

    Partner contributions and cover end

    date

    date

    Yearl

    04/05 carers

    credits 52

    Yearl

    04/05 Incap credits

    Year 2

    05/06 as above

    Year 2

    05/06 as above

    Year3

    06/07 as above

    Year 3

    06/07 as above

    2007/2008 as

    07/08 as above

    above

    Current Year

    Current Year

    End Date

    02/01/2010

    End Date

    02/01/2010
  4. Thanks Tony.

    Today I received a phone call from the decision maker in Belfast to confirm that the decision to stop my carer's allowance was correct and that my only recourse was to appeal the decision. I was told the reason was that my national insurance contributions were not now sufficient enough for me to be able to claim a sickness benefit from the UK. Apparently the Carer's Allowance department conduct a short term incapacity test. The decision maker is going to send me an explanitory letter as it sounded very complicated on the phone. It had nothing to do with the fact that I received an allowance from France, in fact the decision maker suggested that I re-apply in France whilst waiting for the outcome of my appeal as it could be months before any outcome.

    In answer to your questions, yes my husband is still in receipt of DLA, yes it was suspended in October 2007 when we moved here and was reinstated last year. My husband is 58 and I am 52. He is in receipt of long term incapacity benefit and holds an E121 of which I am his dependant.

    You said

    'Relying on benefits for a life in France is not a good option'

    We came here because the cold damp weather in Northern Ireland left him in extreme pain due to his Stroke. The doctor said that if we moved to a warmer climate it would be beneficial to him and he was right as my husband now takes significantly less pain killers.

    I thought Europe had a pollcy of freedom of movement within its borders for all European citizens and not just EU citizens with money. Until my husband had a Stroke, 11 years ago he worked all his life and paid all his National Insurance contributions as well as serving his country in the Armed Forces and in my opinion

    deserves any and all benefits due to him.

    Regards.

    Wild Geese
  5. O.M.G.

    Thanks for your prompt reply

    In my case When I said that I could not afford to pay them back from January of this year I was told that I wouldn't have to as it was an error on therir part not sending the letter out until now.

    .

    I thought everything was going to be ok once the carers allowance was re-instated due to the ECJ ruling. There was no mention of the fact that once you leave the uk your national insurance contributions eventually stop leaving you in a position of not being able to claim sickness benefits in the uk. I think this is where the problem lies. The fact that my husband is in receipt of long term incapacity benefit doesn't alter their decision. Before our benefits were re-instated I applied to the French authorities for carers allowance and was awarded an amount slightly less than the uk as they do not allow a set 35 hrs per week. This took months to go through all the obvious paperwork and meetings etc, but eventually I was granted an award. Shortly after this the uk decided to re-instate my carers alowance so any money that was given to me from the French government was duly given back to them. Now I will have to re-apply to the French Government again which will again take months to assess, leaving us on a very low income. Also I am now worried that the same criteria may apply for my husbands DLA and that may get stopped shortly. Great Britain is really wonderfull.
  6. Hi Everybody,

    I wonder can you cast some light on this little potential ticking time bomb to come out of the UK.

    We just received this letter pasted below. So I rang on the morning of the 2nd August. I’ve been receiving Carers Allowance for my husband since 1999 when he became left stroke disabled.

    This was suspended when we moved to France on 7th October 2007 and then was reinstated on 29th April 2009 with back payments. When I rang CASTLE COURT the senior decision maker there informed me that I now do not comply with the eligibility conditions. Apparently I was entitled to carers allowance in 2007 to 2010 but now I am not. Does this mean that social security contribution credits are only awarded for three years after someone moves abroad?

    I told them that my husband was still in receipt of long term Incapacity Benefit but this does not seem to make any difference. After a couple of hour’s deliberation he rang me back and from what he said he seemed as confused as we were. He said he was going to request for a referral to the Decision Makers Services about this eligibility ruling for their clarification and confirmation. He said this will take about 10 days.

    He also dropped a little bomb shell that ALL the reinstated Carers Allowance that everyone had received after the EU ruling in October 2007 had this payment reinstated ONLY on a temporary basis to be reviewed annually by the Carers Allowance department. He said I was no longer insured for sickness benefit.

    He was very nice about it and he could not understand why NO ONE had been told at the start when the Carers Allowance payment had been reinstated that it was ONLY TEMPORARY

    Now this case may seems like it only applies to N. Ireland, but N. Ireland follow the rules of the rest of the UK in respect of benefits because N. Ireland tax and insurance earners pay into the same government treasury pot as the rest of the UK. What transpires in the rest of the UK happens in N. Ireland and vice versa. Has anyone heard of any other carers receiving similar letters?

    Thanks

    Wild Geese

    Copy of letter received

    An Agency within

    DSD

    Department for Social Development INVESTOR IN PEOPLE

    SOCIAL SECURITY AGENCY

    DISABILITY AND CARERS SERVICE,

    CASTLE COURT, ROYAL AVENUE,

    BELFAST BT1 1HR

    TEL (028) 9090 6186 FAX (028) 9049 0220

    Case Ref: blank

    Customer Ref: blank

    Date: 27/07/2010

    Dear Mrs blank

    About Carers Allowance

    We have changed the decision about Carers Allowance.

    You are not entitled to Carers Allowance from and including 4/1/2010 Decision

    Carers Allowance will be paid to some people who move to live in another EEA state or Switzerland, if they meet certain eligibility conditions. Your Carers Allowance cannot continue to be paid because you do not satisfy any of the eligibility conditions. This is because you are not in receipt of State Pension, Long-term Incapacity Benefit or Bereavement Benefit, nor are you insured for sickness benefits from the UK and are not a family member of a person insured for sickness benefits from the UK.

    What information we used

    We considered the following information:

    Contribution records from Inland Revenue

    EC Regulation 1408/71

    If you disagree with or do not understand why we have made this decision

    If you do not understand why we have made this decision and you want us to explain it further, you can contact us by telephone or in writing. Our address and telephone number are shown at the top of the front page of this letter.

    If you think our decision is wrong, or you have any information that we have not taken into account, please telephone us or write to us within one month from the date of this letter and tell us the additional information. We will look at the claim

  7. Dear Tony,

    We are very sorry for you your sad loss.

    We thought we had problems, but our problems seem nothing compared to yours.  We have been having our ups and downs worrying about money, what with dla etc and thought we were in a bad way, but nothing compares with a sad loss of life. Please accept our sincere condolences.

    Geoff and Mags

     

     

  8. Thanks moonraker for your advice,

    I bought some 'sulfa collyre' from the pharmacy and have been using it as directed and have been cleaning the eye as directed and things seem to be improving, swelling has gone down a lot and not weeping as much,  It says to use the drops for eight days. so finger crossed. 

    Thanks again,

    Mags  

  9. Thanks,

    I have taken your advice with the salt water and bought some 'sulfa collyre' from the pharmacy which seems to be doing the trick. Her eye was swollen and she was scratching it, it would start to heal and then she would scratch it and it would get worse, but I will persevere with the cleansing and the eye drops. It says to use the drops for eight days.  The swelling has gone down a lot and if she would stop annoying it  I think it will be ok. I know you can put a sort of bucket over a dogs head to stop it scratching, but I don't know if a cat would put up with that sort of thing.  I know I should take her to the vet but finances have been very low since Christmas and every time you go to the vet it's at least 80 euros.  Thanks again and fingers crossed.

    Mags 

  10. Hi,

    Could somebody please help.  One of our cats has developed a very bad eye infection  and I was wondering  if I could buy some eye drops for her from the pharmacy, if so does does anybody know the name please?

    Thanks Mags

  11. Thanks Bugsy for your prompt reply,

    Yes I agree with you, but funds are very low and I was hoping for a cheaper alternative until I can afford to take her to the vet.

    Thanks Mags

  12. Hi,

    Could somebody please help.  One of our cats has developed a very bad eye infection  and I was wondering  if I could buy some eye drops for her from the pharmacy, if so does does anybody know the name please?

    Thanks Mags

     

  13. Hi everyone,

    Today we received an email from the exportability team in Belfast giving us the glad tidings that they are going to reinstate our entitlements from when we left UK in October 2007.

    This is very good news indeed but because of the lack of movement from the Disability Living Allowance department in not paying us our UK benefits we had to apply to the French Government for AAH from the Caf and PCH  from the MDPH (a very steep learning curve I may add because I neither write nor speak French).  Eventually we received payments from both of these departments and are now in the process of getting Devis for ramps, a new wheelchair and bathroom facilities which will be paid for mainly by the MDPH.

    Because we will be getting benefits from the UK do we now have to pay back all of the payments we received from the French Government, that’s fine but what happens about the ramps etc. Does anybody know what the situation is in this scenario?   Are we now going up that creek without a paddle again?

    Well, at least all this has helped me to improve my French language, if nothing else.

    Mags

       

  14. Thanks for such a quick reply Tony [:)]
  15.  

     

    Hi all,

    Please could somebody clarify exactly what this means?

    You must have spent at least 26 out of the last 52 weeks in the UK at the date on which your entitlement to benefit can be established

     

    Does it mean

    (a) from when you first started to receive DLA, in my case 1999 or

    (b) from when you re-apply after leaving the UK , or

    (c) another piece of  government  Gobbledygook to confuse us yet again and not know where we stand?

    Or am I just stupid today?,  I wasn't yesterday! [+o(]

    Thanks.

     

     

     

     

     

     

     

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