E121 - Long Term Incapacity Benefit At Retirement

[cooperlola]

I've been asking around to find out if anybody actually still has a copy of their own E121 in their possession, who could look - which seems a simple place to start at least.  I'll also go back to Larry and get his take on this - odd because he's normally well informed.

Whatever, Grecian, you are right to play as safe as you can.  I have just been chasing up a case of a lady on a long term IB E121 who is one of the first to have a review over here, and who has had it withdrawn. Although she was legally resident on the 23rd November, because her form was an E121 and not an E106, she is not covered by the minister's January statement and thus cannot get into CMU or get private cover.  So if anybody lost E121 IB entitlement in the future - even if they were entitled to it when they arrived and were legally resident at the cut-off date - they could be in deep trouble at a later date. With the clampdown on benefit claimants, this won't be the last of these we see, I'm sure.

[ebaynut]

[quote user="Grecian"]

I also telephone the DLA helpline enquiring if anything had been decided regarding the ECJ ruling on exporting the benefit, the gentleman I spoke said that they had not been informed of the decision regarding payment, but hopes it will be forthcoming shortly. I then proceeded to ask him a hypothetical question, that if the benefit is deemed exportable would this qualify for an E121, he seemed to think that it would, but I got the feeling that it was only his opinion. I know ebaynut is hot on this case, so I hope he/she has more luck that me, in trying to get an answer to the DLA/E121 position.

[/quote]

It's the same old 'head meets brick wall' coupled with the painfully slow waiting game scenario for us as well Grecian. [:(] All we can glean further is the anouncement on their web page, which states that:

" We expect to provide full details on eligibility criteria by 5 April 2008. The first payments could be made to eligible customers shortly afterwards."

So the agony should be resolved soon.........[8-)]

Like you, when we have spoken with them, they imply that it will have to be deemed as a health benefit (which is exportable) as opposed to a special non-contributory benefit (which is not exportable), and thereby 'should in theory' be subject to the same treatment/rules. ie: Eligible for an E121.

[quote user="Grecian"]

Starting a gite business however small, just to qualify to join CMU, seems the best/safest option at the moment.

[/quote]

We seem to be on the same wavelength here too! [;-)][:)] As, like us, you are all too aware there is a desperate shortage of English run gite businesses in France at the moment! [:-))]

[cooperlola]

I have tracked down the E123, Grecian, and this bears out what you say:

http://www.dwp.gov.uk/international/sa29/medical_09.asp

The thick plottens.

[Grecian]

Thanks Coops for tracking down the info on the E123, as you say it clearly states there, what I was told this morning.

I can appreciate the lady you are talking about regarding her withdrawn E121 must be very distressed at the moment, as she seems to have fallen between two stools so to speak. The only information I was told this morning from DWP regarding future assessments if living in France, was that as it stands at the moment the receipient will receive a reassessment form to fill out, as my wife does now, if DWP are not satisfied with this they will request she attend a medical by a French doctor, for which DWP will pay for. If she is not happy with this scenario, or lacking French language skills, she can be examined by a doctor in the UK, but this option would be at her own expense.

This does not allow for any future developments regarding reassessment of IB claimants from 2010, or if a Conservative government is formed after the next general election, with their policy simply stating that all IB claimants will be reassessed. All very worrying for anybody who considers they are genuine claimants, especially now with the 5 year residency law, and not being allowed access to PHI even if they are prepared to pay for it.

ebaynut, we can only keep our fingers crossed the ruling goes our way, and an E121 is granted via DLA, I think any future government would have trouble in trying to tell somebody that in fact they are not disabled, and thus revoke thier E121. We can only hope.

 

[cooperlola]

Grecian, we currently know of 5 people who have had these assessments and 3 have had their IB withdrawn.  1 has appealed successfully, the other two are in the process.  You should be aware that you can have a translator with you if you are asssessed here in France.  The lady I mention above did not do so, as she is a fluent French speaker, but she advised me that she felt it would be sensible to take one - even if you don't feel you need to for the language aspect - simply as a witness to what goes on, should an appeal become necessary.

[rothrugby]

I seem to have opened up a can of worms when I started this thread.

Just as an aside, if anyone has an IB E121 does it include thier dependants, husband/wife like the retirement E121?

Tony Ackland (aka. rothrugby)

[cooperlola]

Yes, it does.

[David]

But not for the 100%, only for the normal 70% allowance.

David

[cooperlola]

Oops, David, yes - you are right of course.

 

On this subject, FHI is trying to establish the difference between the two forms - a retirement E121 and an IB one.  We would be really interested to see copies of each of these.  If anybody still has a copy of either, which they would be willing to share with us (with the personal details removed of course, it is just the detail of the forms we need to see), please e-mail me.  Thank you.

[David]

Hi Coops,

I have a copy of my E121, but not my wife's.  The only difference is which box is crossed.

If you want I could send you a copy of mine, an IB form, but I am not prepared to publish it on an open public forum.  How do you suggest I send it to you?

David

Edit.  Originally my wife was not included on my E121.  After representations to Newcastle she was included, but when she reached 60 years, she was given her own E121.

 

[cooperlola]

That would be great David, I'd really just like to see a copy to get a feel for the various options on them.  If you could e-mail me, then we can do this off the forum.  Thanks.[:)]

[David]

Coops,

I have e-mailed you.

David

p.s.  I did not receive notification of your post by e-mail.  Is this a problem with the site?

[cooperlola]

And I haven't received your e-mail either!  The site is certainly playing up at the moment.  Could you possibly send again to

[email protected]  For obvious reasons I don't want to put my personal e-mail address on here.  Thanks.

 

EDIT : I've now received it, and you should have my reply by now.  Thanks again.[:)]

[David]

Hi Coops,

I have just received email notification of your last two posts, about 32 hours late!

I will be sending you a copy of my E121, but it might take a couple of days.

David

[5-element]

Coops, I have just sent you my E121 copy as well.

[cooperlola]

You are both very kind, that is great.  Thanks.[:)]

[David]

Copy IB E121 sent to Coops.

David