European Court Case

[Grecian]

Just wondering if anybody has heard anything relating to the DLA/CA European Court of Justice case, currently going through their parliament, in relation to be able to take the benefits with you, if you move to another EU country in the future.

I know that Llwyncelyn has been following the progress, having read archived posts from this forum, but since early 2007 nothing has been posted.

Having done a Google search relating to the matter, the only information I could find was dated April 2006, there seemed to me a good piece of advice to anyone considering moving to another EU country, and is currently receiving DLA/CA benefits.

Advising clients
The final outcome of all of this activity remains unknown but clients who intend to move abroad to another EEA state should be advised to make a request to export the benefits. It will inevitably be refused and the claimants should appeal. The appeal is likely to be stayed pending the outcome of the cases before the ECJ. However, by making a claim and lodging an appeal they will protect any future possible entitlement to retain their benefit.

 

 

[Llwyncelyn]

That is good advice and as you say we are still awaiting judgment.  I was in touch even last week with the DLA people in Blackpool they knew nothing.  However as an aside they even disputed receiving three recorded delivery letters with signatures from me.  I then sent them the signatures they admitted letters awaiting filing.  Some were dated six months ago.  No apology or anything never expected one.

I do not hold out much hope of the judgment being positive.

This time and to obtain a differing viewpoint as I still have centres of economic interest in the UK and can still vote I will pose a detailed question to my MP and AM.  Perhaps a reply within twelve months.

However I would also add another piece of advice to get involved with COTOREP at the earliest opportunity for a further 50% part tax allowance here in France for being disabled does address some of the balance financially obviously.

[Tony F Dordogne]

Not directly linked to the European case - does anybody have the criteria that the French use for determining disability?  In the UK I was interviewed by somebody from Social Services and that got my registration as disabled.

I know that here you have to usually have a medical but my accountant here is telling me to get myself registered but I'm not sure - apart from knowing which part of the French system the initial contact should be made - what happens after that.

[Sunshine]

Hi Tony Great question.

My husband and I were just discussing this the other day.  I would be very interested in any replys on determining disability and the proceedures. 

[Benjamin]

I don't know the official answer to the criteria used but I think a large part will be your mobility i e your ability to get around with or without assistance/aids.

The starting point should be your French doctor as without their support you're going to have a fight on your hands.

COTOREP, the agency which actually handles your application, do have medical staff and you may be asked to attend for an examination.

Once you've completed a fairly straightforward application form you sit back and wait for five or six months until a decision is made. If it goes in your favour yoy will be entitles to a cart d'invalidité for a five year period before it needs renewing.

It's worth a try as the worst that can happen is you get turned down.

[Llwyncelyn]

Benjamin is absolutely correct and to get involved with your Doctors assistance with COTOREP at the earliest opportunity is a must.

Our accountant when viewing all the information we had from the UK used a further 50% share when calculating our tax.  The Impot people turned it down.  I appealed to the Concilliator Fiscal and he agreed and we had a tax rebate.  We as Benjamin suggests still awaiting COTOREP and that was November of last year!

We are also paying our tax based on last years figures by prelevement and with a balancing figure being obviously required.  Still slightly ahead of the game.

[Grecian]

Thanks Llwyncelyn, your advice regarding approaching COTOREP makes financial sense, which would go some way of offsetting losing the benefits from the UK.

We can only hope the judgment comes out in favour of being able to transfer the benefits to another EU country.

 

[Charente]

Does anyone know what the 'cart d'invalidité' entitles one too as I have been getting around in a wheelchair for the last 25 years and it could be useful for me even though I will be self employed.

[ebaynut]

This page may be of some use to you.

But I can't say I have explored it fully yet.

click here

[Charente]

Thanks I see i 'll be busy for a few hours now ..lol

[Benjamin]

[quote user="Charente"]Does anyone know what the 'cart d'invalidité' entitles one too as I have been getting around in a wheelchair for the last 25 years and it could be useful for me even though I will be self employed.

[/quote]

So long as you're not on a low income the major benefits which apply to all people holding a carte d'invalidité of 80% or more are an extra half share against the household's tax, exemption from paying for a TV licence, various concessions on public transport and the granting of a blue parking badge.

As you will see from ebaynut's link your right to any further benefit is actually quite a complicated area.

As I said earlier in this thread your first port of call is to your doctor and with their support you can then approach COTOREP.