DLA some movement

[Grecian]

Have to agree with everything you have posted Tony, a total disgrace the way people on DLA, or should I say were on DLA, are being treated. I am afraid this is just indicative of the way the UK is now being run. It seems the attitude of this government is to kick in the teeth anybody from the UK that has paid their NI contributions all their lives, and try and prevent them receiving a benefit for which they are entitled to.

For what it is worth myself and my wife will be posting our letters to the DLA/CA offices on Monday, telling them of our imminent move to France. I do not expect a reply before we leave for France in the middle of September. I guess they will carry on paying the two benefits as normal, and when they finally get around to opening our letters, will then be forced into a decision as to whether the two benefits are indeed exportable. I guess myself and my wife could well be some of the earliest to test, if indeed DLA and CA are truly exportable.

 

[Tony F Dordogne]

Information from the Exportability Team leader as of yesterday is:

1)  Existing claimants should not have a problem.

2)  New claimants are being processed first.

3)  Old/defunct claimants are being held pending a decision from the lawyers BECAUSE they don't want to have to NECESSARILY pay all the back pay that may be due - some people went off DLA in the late 1990s and therefore are theoretically due substantial backpayments.

And the lawyers still haven't worked out what to do about non-UK nationals who claimed DLA when in the UK and have gone back home - how to stop them claiming now.

BUT he also told me that (informally) they will be reinstating all the people in the EU who were forced off the benefit and that I will go back onto DLA, it's just the appeals on the back benefits that are the problem for our 'class' of claimant.

Hope this helps somewhat - it could be that you wont stop receiving the benefit Grecian but let us know what happens please.

CAPS above used for emphasis, not to shout.

[Benjamin]

Some interesting info there Tony.

It seems as if Mrs Benjamin, as a new claimant, will be dealt with very quickly after the decision, be it "yes" or "no".

What then becomes murky is that, on her behalf, I had a lot of correspondence with DWP as to why as a British citizen living in the EU, she wasn't entitled to apply for DLA. After a lot of backwards and forwards they agreed to send her a claim pack in early 2005 and then officially, as we expected, turned her down because she didn't live in the UK.

If she is successful this time (DLA claim sent off in April) then I'll then let them have copies of the earlier correspondence and see what happens then about any potential  payment of arrears.

Thank you for posting this information.

 

[ebaynut]

I wrote to the exportability team back in April, enquiring as to "would we be able to take my CA and my wifes DLA to France if we move".

We had a phone call from them a week or so later stating that when the position was clearer they would reply to my letter.

Having not heard from them for some months, I phoned them last week, when after being put through to the exportability team, I was asked "how I got their number?"

I said I had phoned their switchboard and had asked to be put through to the exportability team. The lady on the phone was most put out and said it would not be possible to phone them again as they were going to stop taking phone calls. [:@][:(]

Since I was through to her however, I asked as to why I had not yet had a reply, pointing out the ruling was made in October last year by the EEC, and that perhaps a decision should have been made by now.

She was as helpful as she could be, and stated a decision had been made, that people who also receive IB were able to take the Carers allowance and DLA with them, but as my wife does not receive IB, a decision had not yet been made as to CA and DLA on their own.

As the rules are to be changed for IB in the near future, it is my guess that this will also affect taking CA and DLA with it.

The lady stated that it could be as long as November (over a year after the EEC decision [:-))]) before there is a decision on DLA /CA exportability, and it was out of her hands, and the legal team were still working on it.

She also said that they would never give a definite 'yes or no' as to taking benefits abroad if it is just an enquiry, you must give the date you are leaving the UK and then they will give you a 'yes' you can take it, or 'no' you can't.

This means in theory you must sell your house in the UK, buy one in France, get your moving date and then they will let you know if you can take your benefits with you.

If it's 'no', then you will have no house in the UK, but have one in France that you can not legally live in.  [:-))][8-)] Now why do we wish to leave the UK?

Still this is the law as it stands, so we must obey....where is that wall to bang my head on?????

[Grecian]

Just when you think the mists are clearing, a real pea-souper blows in!

Having informed Preston by letter that we are emigrating to live permanently in France near the end of September, as we were instructed to do so by themselves, I today received a phone call from them informing me that my CA will be stopped at the end of September, when we move to France.

The lady that telephoned me said that a decision had not been reached regarding people leaving the country, who are already in receipt of CA. I tried to point her in the direction of their own website stating that as long as certain criteria are met, regarding receipt of other benefits, then CA is indeed exportable to people leaving the country. All this was to no avail, and as things stand at the moment, CA will be stopped once we leave.

I asked her if my file will still be active once we leave, and she assured me that it would. After having several telephone conversations with various benefit offices, it really does seem a complete lottery, as to whether the person you speak to, actually knows what they are talking about, and can seriously affect the outcome of the situation you are enquiring about.

I have sent a letter to the Decision Making and Appeals office in Leeds, seeking clarification to the memo DMA 18/07, (link posted by wild geese, 27th June) which by my reckoning states in paragraph 11, that anybody leaving the country can take the dosh with them. If I receive any further information from them I will post the outcome on here.

ebaynut, move over I want to use that wall. [blink]

[ebaynut]

[quote user="Grecian"]

ebaynut, move over I want to use that wall. [blink]

[/quote]

Grecian, I am sorry but I have a feeling I will be needing it for sometime yet myself, but when I am finished, you will be the first to know. [;-)]

 

 

        

 

 

 

 

[longbow]

Hi

I am new to this forum. I have recently moved to France, and I am severely disabled and have been for most of my life.
I checked into the benefits side of things thoroughly before I came over.
I, like some of you, have also been left high and dry and left without much money each month,
how do they expect people to live particularly as prices and the cost of living are constantly increasing?
They told me that my benefits (DLA and SDA) and my care allowance were definitely exportable, they didn't say anything about it being
suspended for a long time, Which they have done.  I have been told that it could be up to a year before they come
to a decision as to how people in receipt of DLA are to be paid, as the EU have not informed them (DWP)as to how they are
to actually go aboutpaying it. This is not true.It's passing the buck, the Europa team have told me that the UK Government
is breaking Europeanlaw, and have no right to suspend anyone's benefit, simply for the fact that they have moved to a member EU state.
 

I have made a few enquiries, I e-mailed the exportability team at the DWP but I have not had any response up to now,
which doesn’t surprise me!

Last week I telephoned the helpline on the Europa website and told them the situation and you may be interested in their written reply which I have posted below.
Apart from this, I don't know what else I can do, perhaps you have some other ideas.
I just hope it isn't too long before they sort this out. I have not even had anything in writing to say that my benefit
has been stopped, they could at least do that, they just stopped it and my Carer's Allowance without notice, my carer is here with me in France too,
it doesn't cost much to send a letter does it? 

Regards
Longbow
 

REPLY FROM EUROPA

Thank you for this enquiry.

As you will already know, the EU comprises an area in which the free movement of EU citizens is assured. This freedom of movement is supported by the right to receive social welfare benefits throughout the EU. The rules relating to social welfare have been regulated, to a limited extent, by the EU. You can find out more by reading about Regulation 1408/71 at the following website:

http://europa.eu/scadplus/leg/en/cha/c10516.htm

The rules relating to social security in respect of certain kinds of benefit, including invalidity benefit may
not be subject to reduction on the basis of residence in another member state. This is subject to certain rules.
The ECJ in case C-299/05 (Commission of the European Communities v the European Parliament and the Council of the
European Union) held that the UK had wrongly categorised Disability Living Allowance as not being exportable.
Only the mobility component of DLA was not exportable under those rules.

The UK is currently revising its rules for DLA:

http://www.direct.gov.uk/en/DisabledPeople/FinancialSupport/Introductiontofinancialsupport/DG_073387

You should write, in the first instance, to the relevant authority in the UK:

Exportability Co-ordinator,
Room B120D,
Pension, Disability and Carers Service,
Warbreck House,
Warbreck Hill Road,
FY2 0YE

[email protected]

If your claim is rejected we would recommend that you contact:

your nearest Citizen's Advice Bureau in the UK

or the Child Poverty Action Group advice lines:

+44 (0)20 - 7833 4627 Monday to Friday, 2.00 - 4.00 p.m.

Alternatively, you can contact our sister organisation, SOLVIT, which may be able to assist.

The Citizen’s Signpost Service has examined your enquiry and considers that the matter could be dealt with by the
SOLVIT system.

SOLVIT is an informal network to resolve problems caused by the misapplication of EU rules by public authorities
in another Member State.

There is a SOLVIT centre in every European Union Member State (as well as in Norway, Iceland and Liechtenstein).
SOLVIT centres are part of the national administrations and are committed to providing real solution to problems
within 10 weeks. The use of SOLVIT is free of charge.

You can submit your case to SOLVIT by
(1) Clicking on the link below entitled "I wish to sent my case to SOLVIT"
And then
(2) Completing the additional information requested
And lastly
(3) Clicking on the "Send to SOLVIT" button

Your case will be automatically be transferred to the relevant SOLVIT centre

If you do not wish to submit your case to SOLVIT now, you can of course submit it to SOLVIT at any time in the future.
To submit your case to SOLVIT later you should take direct contact with your local SOLVIT <http://ec.europa.eu/solvit/site/
index_en.htm>  centre.

Disclaimer

On the basis of the information available, the Citizen Signpost Service has suggested that your case could be dealt with SOLVIT. However, the advice from the Citizen Signpost Service is of a non-contractual nature only and does not in any way guarantee that SOLVIT will agree to deal with or resolve your case.
It is the responsibility of the SOLVIT centre(s) to decide whether they will accept to handle your case. SOLVIT will inform you on the decisions and outcomes of the case.

The advice given by the Signpost Service legal experts is independent advice and shall not be considered to be the opinion of the European Commission. As such it will not in anyway bind the Commission.

Note: To post another enquiry, please visit the Signpost Service Web Site <http://ec.europa.eu/citizensrights/front_end/signpost_en.cfm>  or contact EUROPE DIRECT <http://ec.europa.eu/europedirect/> .

[Grecian]

Not really sure which thread to reply to, and we now have two running, but as this was the original one, I will carry on with this one.

Having now been in France permanently just over a month, myself and my wife find ourselves in a similar position to you longbow. My wife has had her DLA stopped and I have had my CA stopped, both without any communication from the relevant offices.

The only thing I can add to this thread which is new, there was a letter waiting for my wife at our new French address when we moved in, enclosing a form to be filled out, and returned to Blackpool. The form consisted of several questions relating to her emigration and enquired if she would be returning to the UK. It also gave the now well documented criteria, as to who would be eligible for the export of DLA, really the same text that has been on their website since last October. The letter informed her once they received the completed form it would go before a decision maker, who would decide if her DLA is exportable. Obviously it would appear that the decision maker is in the wrong job, as to date my wife has not yet received an answer either way, informing her of the status of her DLA.

I suppose the fact she received a form to fill in could mean that some sort of decision on people's DLA/CA could be imminent, I sincerely hope so.

 

 

[Grecian]

UPDATE--RESULT!

Well obviously the male/female decision maker at Blackpool must read LFM forums, because this morning my wife received a letter from them informing her that the care component of her DLA will be reinstated, but not the mobility component, which we were aware of already.

This obviously means anybody leaving the UK, who is in receipt of DLA and meets the criteria laid down for receipt of the benefit, will be able to export it with them when they leave the UK. Hopefully it will also mean those who left the UK pre-October 2007, will be able to claim back the benefit that was stopped when they left the UK.

Still CA to sort out, but one victory at a time I think.

 

[Clair]

[quote user="Grecian"]Not really sure which thread to reply to, and we now have two running, but as this was the original one, I will carry on with this one. [/quote]

The two DLA threads could not be merged (too many posts), so the other thread has been locked to help users locate the information that they are looking for.

See here to read it: http://www.completefrance.com/cs/forums/ShowPost.aspx?PageIndex=1&PostID=1429615

Forum moderators.

[Tony F Dordogne]

[quote user="Grecian"]

UPDATE--RESULT!

Well obviously the male/female decision maker at Blackpool must read LFM forums, because this morning my wife received a letter from them informing her that the care component of her DLA will be reinstated, but not the mobility component, which we were aware of already.

This obviously means anybody leaving the UK, who is in receipt of DLA and meets the criteria laid down for receipt of the benefit, will be able to export it with them when they leave the UK. Hopefully it will also mean those who left the UK pre-October 2007, will be able to claim back the benefit that was stopped when they left the UK.

Still CA to sort out, but one victory at a time I think.

 

[/quote]

 

When did you leave the UK?  I was told that new/ongoing cases are being dealt with ASAP but us older timers are the ones that will have to wait.

[Grecian]

We left the UK on 16th September 2008. [:D]

Obviously as you say they are dealing with the new cases first, but hopefully that will mean that they are working their way around to the 'old timers' at some stage.

 

[Benjamin]

CONGRATULATIONS  [B] Grecian.

As one who is making a second claim from abroad (first one in 2005 turned down on the basis of not living in the UK) Mrs Benjamin is waiting with bated breath.  [:D]

[martin]

After several weeks, I have at last received a reply to the e-mail which I sent to The Exportability Team.  Nothing new really, but I suppose that confirmation that nothing is new suggests that this matter is still current.   

Must say that I am rather surprised that the potential claimants are in the thousands!

This is the relevant extract of the reply .................

Unfortunately the situation regarding claims from abroad has not changed. We are still awaiting further guidance on these claims from our legal advisors. No decisions will be made before the end of this year. We are hoping to start in the early part of the new year. We hold your details on our database this is because your previous details are no longer on the main system as due to the Data Protection Act they are destroyed after 14 months.
 
I sorry that this is not the answer you required but we have thousands of claims like yours from people who were in receipt of benefit before they moved away. When we receive further guidance everyone will be contacted and each case will be looked at in its own write. However I have issued your with a new claim pack so that when we do reconsider your case we will have some of the information we require.

[KathyC]

Sorry if I've missed this, having read through the thread, but where does AA fit into all this? We feel that my husband would have been eligible for this a couple of years ago but as we knew we were moving out here and that it wasn't exportable, we didn't bother applying. Does this come into the same category as DLA from the point of view of getting in an application now just in case it's going to be possible to claim this from France? Thanks for your thoughts on the subject.

[Benjamin]

KathyC

If you go to this link on the DirectGov website you will see that your husband's right to AA is still being considered by this *!*!(!( Governments' legal advisers.

http://www.direct.gov.uk/en/DisabledPeople/FinancialSupport/Introductiontofinancialsupport/DG_073387

Sorry but you'll have to cut and paste.

You need to request a new claim form immediately which may then allow you to claim back payments.

[KathyC]

Thanks for the advice; I'll get onto it on Monday.

[Benjamin]

Some time ago we emailed the Exportability Team to ask if, in view of the delay in awaiting a decision on the European Court's findings, we should submit a claim for Carer's Allowance if Mrs Benjamin's claim for DLA is succesful. The following is the reply that we have received today.

Dear Mrs

Benjamin

 

Thank you for

your query about your husband claiming

Carer's Allowance (CA) from France.

 

Unfortunately we cannot yet make decisions on

any new claims from customers who are already living in another EEA state or

Switzerland.  The Department for Work and Pensions

is still considering the legal implications of paying Carer's Allowance to people who are already

living in another EEA state or Switzerland who wish to claim from abroad, either

for the first time or from people who have received a disability benefit in the

past which stopped when they moved to another EEA state or Switzerland.

 

Please

note that Carer’s Allowance can only be paid if the appropriate Qualifying

Benefit is in place to youself.

Therefore you should await the

outcome of any related Disability

Living Allowance/Attendance Allowance claim before submitting a claim to

CA. The claim to Carer’s Allowance should, however, be made within 3 months

of the decision awarding the Qualifying

Benefit.

 

Thank

You

 

Carer's Allowance Exportability

Team

Preston

It does make you wonder, if Mrs Benjamin's claim is successful and is backdated, whether any successful claim for CA will also be backdated.

I also note that others have suggested a French Healthcare style campaign but judging by our complete lack of success in getting a reply from any of this !*!*!*!* Governments ministers that we  have emailed then that approach is not worth the effort of starting. They should be ashamed of themselves.

 

[Benjamin]

[quote user="Grecian"]

UPDATE--RESULT!

Well obviously the male/female decision maker at Blackpool must read LFM forums, because this morning my wife received a letter from them informing her that the care component of her DLA will be reinstated, but not the mobility component, which we were aware of already.

This obviously means anybody leaving the UK, who is in receipt of DLA and meets the criteria laid down for receipt of the benefit, will be able to export it with them when they leave the UK. Hopefully it will also mean those who left the UK pre-October 2007, will be able to claim back the benefit that was stopped when they left the UK.

Still CA to sort out, but one victory at a time I think.

 

[/quote]

Without asking for any personal details has this actually happened for you?

[KathyC]

I just wanted to update you on my husband's situation regarding an application for AA. He phoned up and was told that a form would be sent and when he asked whether someone in his situation (not on DLA/AA before moving out here) was now going to be able to claim AA he was told "it looks like it"! He was also told that the date of his call had been logged and if the claim was successful it would start on that date. Obviously anecdotal and I'm not holding my breath but it sounds likea step in the right direction. Thanks for encouraging us to apply and pointing us in the right direction.

 

Now to fill the damn form in!

[dragonrouge]

Dear Benjamin please pm me and I will give you background on our situation.  My position was not based upon moving to France per se it was based on an altogether differing argument and fortunately the Chair of the Tribunal agreed with me and all that took place was hours of us arguing legal stuff as to residence and the like and moving abroad for services that were restricted in the UK.

Indeed the Blackpool guys did not even put up their lawyer so I had full audience and it was an opportunity that I will never ever forget.

I am so pleased that movement is now being seen. 

We put millions into the banks but next to nothing to those who deserve our support and help and simply love.

[Tony F Dordogne]

Hiya folks

Well, the delays and obfurscation continue ..................

Over Xmas I telephoned the DLA again and decided to send an email (29 December) and I also emailed all the Ministers concerned via the DLA website.  So far, nothing from the Ministers (surprise there) but today, received this from the Exportability Team:

Thank you for your email.

 

Unfortunately we are not yet in a position to make a decision on your type of case as we are still awaiting further guidance from the European Courts of Justice. We anticipated the judgement would be made towards the end of 2008, unfortunately this matter will take longer and we are unsure of when the judgement will be made. We realise this must be frustrating for you, we apologise for this and ask you to remain patient with us.

 

We will contact you as soon as possible, there is no need to contact us again.

 

Thank you

 

So, is the the latest reason/excuse?  Has anybody else heard anything similar?

 

 

[Benjamin]

Tony F

We've emailed the Ministers for Work and Pensions, Europe, Disability Rights etc etc............zilch, rien, nothing, nada.

Our latest email to the Exportability Team was only sent two weeks ago so there's hope yet we'll get a reply.

It makes you wonder what further guidance they are waiting for.

Others may have not noticed in recent news bulletins but the current UK government have also missed a deadline to clarify the position of former Gurhkas as well as implementation of certain disability rights which they had agreed to with their counterparts in Europe. This government is fast becoming notorious for moving exceedingly slowly unless your name has "bank" in it somewhere.

[Tony F Dordogne]

Aha, the plots thickens.

In this month's Connexion - not usually my favourite reading I have to say - there is a quite balanced piece about this issue.  What is really interesting is that the 'swamping' of the Centre/Exportability team is ONLY, ONLY 1,700 new cases.  Now in the grand plan, this isn't a lot and what really still hacks me off is that none of us old stagers are even yet on the system again, they haven't even registered our claims whilst waiting for their 'guidance'.

An MP, Tory, Roger Gale, is taking up the case of an ex-constituent of his who is being given the DLA waltz.  And, Roger Gale is suggesting that as our previous constituency MPs seem to have some residual responsibility for us, we write to them and ask them to bring pressure to bear.  I know it's not an election winner for any MP but hey ho, you never know, it may increase the pressure somewhere, if nothing else to shut us up.

I'm also going to email The Money Programme on Radio 4 to see whether we might get some more air time on that.

 

 

[Benjamin]

Finally received a response to our latest email.

am sorry we are are unable to make a decision on the claim you sent us. Unfortunately

we cannot yet make decisions on claims from customers who are already living in

another EEA state or Switzerland.  The Department for Work and Pensions is still

considering the legal implications of paying the benefit to people who are

already living in another EEA state or Switzerland who wish to claim from

abroad, either for the first time or from people who have received a disability

benefit in the past which stopped when they moved to another EEA state or

Switzerland.   

 

We will contact you when we

have further information. I apologise for the

delay.

 

Yours

Sincerely

 

 

DLA/AA Exportability

Team

No movement except to note that they're no longer citing the European Courts of Justice as the ones dragging their feet.