DLA entitlement and E121

[bodie]

I've been reading all the questions and replies on this dark subject (DLA and E121) but most of the stuff i've read has been from last year when it seems that there were changes iminent in the ruling by the "decision makers.  So i'm no further on in knowing how i stand at this moment in time.  Can anyone reading this, who has any further knowledge of the current situation help me with some of these queries?"  I'm going to live in France.  I'm 46 and can support myself.  In N.Ireland where i live now i'm in receipt of high rate mobility and middle rate care DLA and have been since 1/02/03. Claim indefinate. I'm in receipt of Income support (with severe disablement component) in lieu of Inc Benefit since about 04. Claim indefinate.  Will i be entitled to an E121 and/or DLA?  If so, are both the mobility and care components claimable?  If not can i register for disablement in France?  What's the difference?  Will i have to make any claims for benefits before i leave the UK or (N.I.)[[:(] Thanks anyone who can enlighten me.

 

[Tony F Dordogne]

Boddie, until this is sorted out in April, you would not, under current UK legislation, be entitled to export your DLA because it has to be claimed before 1992 and be at the highest rate for care.  Unless the UK government has a rush of blood to the head, the mobility element will still be excluded after that date because the mobility element was specifically excluded from the October 07 decision, it only includes the care element and that's what the decision is now waited on.  The claim indefinate thing means nothing really.

I would strongly urge you to speak to the awarding office about this issue.  As far as I know Income Support is not usually exportable tho the severe disability component may change that, again the 'claim indefinate' really means nothing, I think there are residency qualifications to get that one which will not be effected by the pending decision.

You may be automatically registered as disabled in France when you present your E121, assuming of course that you will be issued with one.  You need to check this with the issuing office also.

[ebaynut]

Hi Bodie,

When you first move, dependent upon your NI contributions, you may be entitled to an E106, for up to 2.5 years, depending on the date you move and the level of any contributions you may have made.

There are various threads which would make good reading for you in relation to some of your benefits, some are detailed below:

"Click here"

"Click here"

"Click here"

I am sure others will come in to fill in my gaps/errors, but as I understand your situation:

If you are in receipt of Long Term Incapacity Benefit, this will entitle you to an E121, which will cover you for related conditions 100%, and 70% for non-related conditions, which will require a top-up insurance policy which will cover you for the outstanding 30%. Any dependants you have (spouse/children) 'may' be able to piggy back onto your E121, for 70%, but will also need a top-up policy. There are some departments that will cover you 100% for everything, even those unrelated to your present conditions, but this is at the discretion of your GP, and cannot be relied upon. To be legally resident in France, you now need to be covered 100% for everything. "Click here" for more info from the Health in France website.

As for your DLA (started in 2003), this benefit was not exportable at this time, that is to say, until this legislation was challenged in the European Courts. As a result of this challenge (details in the above threads), it appears that the 'care element only' may be exportable when moving within the EU. Not the mobility part (whether this will be included at some further date is a possibility). We are all STILL waiting for full clarification of these findings, and have been informed that they will post on their website. [:@]

"Click here" for the direct gov website announcement.

Income support, as I understand it is NOT transferrable, but there may be other benefits that France has to offer, but I do believe there is a very complicated process in obtaining them.

There is an information page for various points of reference in relation to disabilites in France, including: travel/blue badge/benefits etc, and may well be worth investigating.

"Click here"

Being in receipt of these benefits is not everlasting, and will be subject to periodical re-assessment, just as in the UK.

Read as much of the Health threads that you can. The more information you have before you move, the better. I am not sure whether being in NI will make any difference, I suspect not, but you can always telephone DWP for advice, they are usually very helpful.

Department for Work and Pensions -Tel: 0191 225 8604

As I said, I'm sure people with more understanding of the other benefits will be able to help. [:)]

Good luck, and let us all know how you get on.

PS: Just seen that Tony has been on the ball as per, and already answered. [:D]

(Took me so long to search everything out - getting slower in me old age!)[:-))]

 

[bodie]

H ey ebaynut, just got your reply and yep you're right Tony was on the ball.  Both of you have given me a bit of food for thought and some good links which i intend to research tonight after dinner.  This forum thing is fab (i'm new, can you tell?)  and the range of queries and answers is unbelievable.  I'm dying to get to France but am trying to be thorough in finding out all i have to do before i go.  Main thing for now is the E121.  I've so far found the DWP in N. Ireland quite useless.  It's mostly, "not sure" or "we'll send you info thru the post."  It never comes!!!  For now thank you tons for your help and yes i'll keep you posted on my progress.

Cheers, Bodie

[Benjamin]

Just one slight correction to ebaynut's comprehensive posting concerning one of the first points made.

Just because you have been awarded an E121 on the grounds of being in receipt of UK Incapacity Benefit this does not automatically entitle you to 100% cover for that condition in France.

You will have to make a case for this when you arrive and the starting point is what's known as the list of 30 ALDs. These are what the French Social Security accept as being eligible for long term illnesses/incapacity in order to obtain 100% cover.

Best of luck.

[bodie]

Thank you Tony.  Hope we can talk again soon.  I appreciate anyone taking the time to answer my queries and concerns.  Hopefully wont torture you all too much. (have a million things to ask, but will do a little at a time!!!)

cheers, Bodie

 

[bodie]

Ta Benjamin.  I'm looking into it all now thru the links i've been given tonight.  Fingers crossed for the E121.  Will keep you all posted.

Cheers, Bodie 

 

[ebaynut]

[quote user="Benjamin"]Just one slight correction to ebaynut's comprehensive posting concerning one of the first points made.

Just because you have been awarded an E121 on the grounds of being in receipt of UK Incapacity Benefit this does not automatically entitle you to 100% cover for that condition in France.

You will have to make a case for this when you arrive and the starting point is what's known as the list of 30 ALDs. These are what the French Social Security accept as being eligible for long term illnesses/incapacity in order to obtain 100% cover.

Best of luck.


[/quote]

Benjamin is absolutely right of course, and the following is a link to the list of recognised ALD (Affections Longue Durée) conditions (in French). There is an english translation somewhere, perhaps someone else has the english version of this link? [8-)]

"Click here"

 

[Newcomer]

This link in english would be a help.

[ebaynut]

[quote user="Newcomer"]This link in english would be a help.[/quote]

I have used an online-translater on this, but can't get the link to work without a timeout error occuring.

I have copied it below, not a perfect translation I know, but it should make some things clearer, but if it doesn't copy properly, and you would like me to forward it, let me have your email address via pm, and I can send it as an attachment.

Here goes:

 

Affections Longue Durée (ALD)

 

 

1 - Disabling cerebral vascular accident ;  
2 - Insufficiency médullaires and other chronic cytopénies ;  
3 - Artériopathies columns with ischémiques demonstrations ;  
4 - Complicated Bilharziose ;
5 - Cardiac insufficiency engraves serious valvular heart disorders, serious disturbances of rhythm; serious congenital heart disorders ;
6 - Active chronic diseases of the liver and cirrhosis ;
7 - Primitive(initial) immunodeficiency engraves requiring an extended(prolonged) treatment, infection by the virus of the human acquired immune deficiency syndrome ;  
8 - Diabetes of type 1 and diabetes of type 2 ;
9 - Form engraves neurological and muscular diseases (which myopathy), épilepsie engraves ;
10 - Hémoglobinopathies, hémolyses, strict(severe) constitutional and acquired columns;
11 - Hemophilia and constitutional serious diseases of the hémostase ;
12 - Strict(severe) high blood pressure ;
13 - Coronary illness ;
14 - Chronic respiratory insufficiency engraves ;
15 - Leprosy ;
16 - Illness of Parkinson ;
17 - Hereditary metabolic diseases requiring a specialized extended(prolonged) treatment ;
18 - Mucoviscidose ;
19 - Néphropathie serious column and néphrotique primitive(initial) syndrome ;  
20 - Paraplegia;
21 - Wiry Périartérite, lupus érythémateux high-pitched disseminated, sclérodermie made general progressive ;
22 - Rheumatoid progressive serious Polyarthrite ;
23 - Psychosis, confusion engraves of the personality, mental backwardness ;
24 - Haemorrhagic Rectocolite and progressive illness of Crohn ;
25 - Sclerose in plates ;
26 - Progressive structural scoliosis (which the angle is equal or the upper to 25 degrees) up to ripening rachidienne ;
27 - Spondylarthrite ankylosante engraves ;
28 - Suites of transplant of organ ;
29 - Tuberculosis hurries up ;
30 - Clever tumour, clever disease of lymphatic cloth or hématopoïétique.

 

Not sure if this has copied correctly, here's hoping!

 

 

[britgirl]

I would hate to be a killjoy, but I have no faith in the A.L.D and the hope that it would allow you access to the french health system. I can only speak from personal experience, and appreciate that everyone's circumstances are differant

My husband was issued with an A.L.D. from 20/04/2007 for a 'tumeur de rein droit'. This proved to be cancerous.

I received the 'official kicking out letter' in November of last year. At that time I did not feel able to contest it,. It was dated the day he died and I received it the date he was cremated.

.

At the present moment I am no longer able to stay legally in France from the 31/03/2008, unless I am able to obtain Private Health Insurance.This is something that I am investigating, as I know that I have sufficient income from my husbands local authority pension (he was a policeman who served his full 30 years) At the end of the day I have to have trust in the system. and that the goalposts are not moved at a later date.

In  spite of all this I am so thankful that we were able to follow our dreams.- however being a widow at 53 was not one of them. I can only re-iterate that for the very short time (20weeks) whilst he was treated he had the best care possible.

I only hope that my experience is the exception to the rule.

Brit girl

[ebaynut]

This is a better translation, but still not perfect (english in blue). But it seems that there is a more up to date list somewhere, has anyone else got it, or the clearer english version?

                                                                                                                                 

 List of 30 disorders Long Duration (ALD 30) that give rise to exemption from the co-payment (Article D-322-1 CSS)

L’article D-322-1 du code de la sécurité sociale précise la liste de ces affections “ comportant un traitement prolongé et une thérapeutique particulièrement coûteuse susceptibles d’ouvrir droit à la suppression de la participation des assurés sociaux aux tarifs servant de base aux calculs des prestations en nature de l’assurance maladie ”. Article D-322-1 of the Social Security Code specifies the list of these conditions "with a prolonged and costly therapeutic particularly likely to be eligible for the removal of the involvement of the social tariffs to be used as a basis for Calculations of benefits in kind of health insurance. "

Cette liste est établie après avis du HCMSS. This list is drawn up after consulting the HCMSS.

En regard de cette liste, le HCMSS élabore des Recommandations à l’intention des médecins traitants et des médecins conseils des services de l’assurance maladie dans le but de donner des indications précises sur les conditions d’exonération. In light of this list, the HCMSS develops Recommendations for treating physicians and doctors advice service health insurance in order to provide clear guidance on the conditions of exemption. Après aval du Ministre ces Recommandations font l’objet d’une publication par l’UCANSS à l’intention des Professionnels. After approval by the Minister of these recommendations are subject to a publication by the UCANSS à l'intention des Professionnels.

Liste des Affections Longues Durées : List of Diseases Long Running time:
(Pour obtenir les recommandations du HCMSS, cliquer sur l'ALD de votre choix) (For recommendations HCMSS, click on your choice of ALD)

1 - Accident vasculaire cérébral invalidant ; 1 - Stroke disabling;
2 - Insuffisances médullaires et autres cytopénies chroniques ; 2 - Deficiencies in bone marrow and other cytopenias chronic;
3 - Artériopathies chroniques avec manifestations ischémiques ; 3 - Artériopathies with chronic ischemic events;
4 - Bilharziose compliquée ; 4 - Bilharzia complicated;
5 - Insuffisance cardiaque grave, troubles du rythme graves, cardiopathies valvulaires graves ; cardiopathies congénitales graves ; 5 - severe heart failure, arrhythmias serious, serious valvular heart disease, congenital heart disease severe;
6 - Maladies chroniques actives du foie et cirrhoses ; 6 - Chronic Diseases and active liver cirrhosis;
7 - Déficit immunitaire primitif grave nécessitant un traitement prolongé, infection par le virus de l'immuno-déficience humaine ; 7 - primitive severe immune deficiency requiring prolonged treatment, virus infection of human immunodeficiency;
8 - Diabète de type 1 et diabète de type 2 ; 8 - Diabetes Type 1 and Type 2 diabetes;
9 - Forme grave des affections neurologiques et musculaires (dont myopathie), épilepsie grave ; 9 - severe form of neurological and muscular (myopathy), severe epilepsy;
10 - Hémoglobinopathies, hémolyses, chroniques constitutionnelles et acquises sévères ; 10 - hemoglobinopathies, hémolyses, chronic severe constitutional and acquired;
11 - Hémophilies et affections constitutionnelles de l'hémostase graves ; 11 - Hémophilies and constitutional disorders of hemostasis serious;
12 - Hypertension artérielle sévère ; 12 - Severe Hypertension;
13 - Maladie coronaire ; 13 - coronary artery disease;
14 - Insuffisance respiratoire chronique grave ; 14 - severe chronic respiratory insufficiency;
15 - Lèpre ; 15 - Leprosy;
16 - Maladie de Parkinson ; 16 - Parkinson's Disease;
17 - Maladies métaboliques héréditaires nécessitant un traitement prolongé spécialisé ; 17 - Inherited Metabolic Diseases requiring prolonged treatment specialist;
18 - Mucoviscidose ; 18 - Cystic fibrosis;
19 - Néphropathie chronique grave et syndrome néphrotique primitif ; 19 - nephropathy serious and chronic nephrotic syndrome primitive;
20 - Paraplégie ; 20 - paraplegia;
21 - Périartérite noueuse, lupus érythémateux aigu disséminé, sclérodermie généralisée évolutive ; 21 - Périartérite Nodosa, systemic lupus erythematosus, scleroderma widespread evolutionary;
22 - Polyarthrite rhumatoïde évolutive grave ; 22 - Rheumatoid arthritis evolutionary serious;
23 - Psychose, trouble grave de la personnalité, arriération mentale ; 23 - psychosis, severe disorder of the personality, mental retardation;
24 - Rectocolite hémorragique et maladie de Crohn évolutives ; 24 - Ulcerative colitis and Crohn's disease scalable;
25 - Sclérose en plaques ; 25 - Multiple sclerosis;
26 - Scoliose structurale évolutive (dont l'angle est égal ou supérieur à 25 degrés) jusqu'à maturation rachidienne ; 26 - Scoliosis structural evolutionary (including the angle is greater than or equal to 25 degrees) until spinal maturation;
27 - Spondylarthrite ankylosante grave ; 27 - serious Ankylosing spondylitis;
28 - Suites de transplantation d'organe ; 28 - Suites organ transplantation;
29 - Tuberculose active ; 29 - Tuberculosis active;
30 - Tumeur maligne, affection maligne du tissu lymphatique ou hématopoïétique. 30 - A malignant tumor, malignant disease of the lymphatic and hematopoietic tissue.

[bodie]

HEY EBAYNUT THANKS FOR THE TRANSLATION OF THE LIST OF 30 ALD.  AFTER READING ALL THIS LIST I THINK I'M A SAFE BET FOR REGISTRATION:  MY HEAD IS NOW SO PICKLED THAT I BELIEVE I'VE GOT NO. 23 ON THE MENU.  SEVERE DISORDER OF THE PERSONALITY AND MENTAL RETARDATION!!!  IF I HAVEN'T GOT THESE COMPLETELY, I WILL HAVE BY THE TIME I GET THROUGH ALL THE RED TAPE. 

BUT THANK YOU FOR SUPPLYING THE TRANSLATION ANYWAY.  GOOD OF YOU TO TAKE THE TIME.

BODIE