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Exportability of UK benefits to France


Bluebell
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On 18 October 2007, the European Court of Justice (ECJ) ruled that certain benefits, including disability living allowance (DLA), carers allowance and attendance allowance, were exportable to other EEA states. This ruling followed an action bought on behalf of those expatriates who were stripped of their benefits the moment they advised the Department of Works and Pension (DWP) of their new overseas address. However, today, and despite the ECJ ruling, the right to receive DLA for disability is still being withheld to those already living in an EEA state prior to the ruling on the basis that the DWP is “still considering the legal implications of paying benefit to people who are already living in another EEA state who wish to claim from abroad”. Disability does not miraculously disappear the moment someone steps on a train, plane or ferry. With-holding payments to those eligible is discriminatory. I would be obliged if you could support my petition demanding the Prime Minister to reinstate these payments at: http://petitions.number10.gov.uk/ECJ-DLA/

This campaign has support from MPs Roger Gale and Oliver Letwin, who raised this issue in the House of Commons on Monday.

If any affected parties want to get involved with this campaign, further details are available on the Facebook campaign page: http://apps.facebook.com/causes/201098?m=cc366e79&recruiter_id=8345612

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Hello Tony

It would be great if you could drop a line to Oliver thanking him for his support. We were pleasantly surprised at the PQ session on Monday to hear him ask about the DLA payments to expats, as we had tuned in specifically to hear Roger table his question. It seems that they have joined forces on the matter. What we really need are more affected people to contact their MPs and, if they are willing to take up the case, then we can point them in Roger and Oliver's direction.

I have read through some of your thread on this matter (having only joined this forum today on the advice of another member) - looks like you have your finger on the pulse.

I am working closely with the co-founders of the British Expat Association (Spain) on this campaign, as it was their actions that saw the case go to the ECJ. Although the Association is about to close, they are still very much active on outstanding issues. As such, they have just have petitioned the Commission for Employment and Social Affairs DG and requested the opening of 'infringement' against the United Kingdom for failure to implement the ruling of the Court, since the Commission is responsible for taking the necessary steps to seek compliance. We are awaiting a reply, though they can be a bit slow to react.

Meantime, I am continuing to push the latest information out to different online and printed expat newspapers - mainly in France and Spain - to try and rally up more support.

Kind regards, Tina H

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