Claiming DLA whilst living abroad

[cyprus_dave]

ADMIN NOTE, January 2024: The situation for claiming disability benefits when abroad has changed since this topic was first posted. Please see the latest information at the bottom of this topic in post #21.

 

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Hi,

 

I know that their are several Forum members that live abroad, so I thought this may be of interest to anyone who may have lost their disability benefits after moving to Cyprus.

 

Fight to reinstate benefits from UK

AN online petition has been set up to press the UK government to extend the payment of benefits to Britons living in other EU countries and Switzerland. The e-petition link is: Petition the Prime Minister to reinstate those benefits ( DLA, CA, AA) removed from expats. There is also a campaign started by expats living in France & Spain which will give a little up to date information, they are asking for people to join their campaign.

 

Make your voice heard on this issue. Join the campaign on Facebook: Link from Face Book to Petition

 

Extract from another article

 

A European Court of Justice (ECJ) ruling on October 18, 2007 declared that the UK had illegally stopped paying benefits, including carers allowance, disability living allowance and attendance allowance by over-riding existing exportability rules.

 

As such, anyone currently based in the UK receiving these benefits will be able to export certain components if they choose to relocate within another EEA state or Switzerland.

 

However, it should be pointed out that for those expats seeking for reinstatement of these benefits, the Department of Works and Pensions is 'still considering the legal implications of paying benefit to people who are already living in another EEA state or Switzerland who wish to claim from abroad'.

 

We have taken this issue up with our previous UK constituent MP, who has approached the exportability co-ordinator of the Department of Work and Pensions' Disability and Carers Service on our behalf - only to receive the same standard response as quoted above.

 

It appears, therefore, that Mr Gordon Brown and his cronies are doing everything in their power to ensure that those people - unlawfully robbed of their legal entitlement to an exportable benefit - continue to be prevented

from receiving any monies due to them.

[Mikey]

Hi Dave,

 

When people left the UK they didn't leave their disabilities behind them. So here in France we are participating in this battle for benefit rights as well.

 

Tina and John Hamilton are leading the charge in our area and they would no doubt welcome your comments at: http://www.rivierareporter.com/component/o...tml/Itemid,157/.

 

Best wishes,

 

Mikey

[PaysansG]

Hi

 

I am running the campaign referred to in the previous post and am delighted to see that it has been promoted on your forum.

 

There has been a significant move in the last few days, as a member of one of the French forums has received reinstatement and the back-pay of DLA, which was lost when she moved to France. This is an indicator that the Exportability Team are finally getting their act together!

 

I am currently awaiting a call from the DWP for further updates and will keep you all posted.

 

Kind regards

Tina

[Marina]

Thanks Dave for posting this all important item and bringing it to the attention of our members and non registered visitors living abroad in Europe.

 

Tina, a big thank you to you too for joining to add your valuable input with regard to this. Please do keep us updated on further updates and developments.

 

In the meantime, I shall pin this topic for the sake of those living abroad so that they may easily find it. I will also move it to the MS Discussion section as it is MS related and will also get more exposure there as it's the most visited sub-forum here.

[PaysansG]

Oh dear. Seems that the Exportability Team are in more of a muddle than ever before. This is the response we received when approaching them to reinstate our benefit:

 

"Following on from my earlier e mail, I have now received confirmation that Ms Winterton has written to Mr Roger Gale, to clarify her statement made on 02nd February 2009. With reference to your case, I can only reiterate our earlier advice. Unfortunately we still cannot yet make decisions on all 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 some 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. I am unable to advise why your friend has had her benefit reinstated as everyone's circumstances differ and it may be that we were able to reinstate her case. I am sorry that my reply to you is not more positive but I can assure you that as soon as we have any further information, I will contact you."

 

The middle of the paragraph is the same old rhetoric that they've been spouting out since the ECJ ruling (with addition of comment regarding the person now in receipt of their benefit).

 

This response, plus a lengthy reply from ourselves, has been sent to the Exportability Team, plus parliamentary and media representatives supporting the campaign.

 

kind regards, Tina

[cyprus_dave]

Hi Tina,

 

I picked this thread of yours up on another Overseas Owners Forum that I'm a long time member of and on there everyone seems to be totaly confused by the whole escapade. The UK, which is also the world leader in the Welfare State League, appears to be the country that is putting the kybosh on it's disabled citizens from getting what they are entitled to, whilst every vagrant from around the world can come to Blighty and pretty much get free pickings.

 

I can't understand why the Mobility Component is not exportible, and the only possible stumbling block or hitch for this that I can see is because of the cars that people may have on the Motobility Scheme.

 

Although our Gordon may claim to be the saviour of the world, and the destroyer of Britain, he has not yet managed to sneak through Parliment his Magical-Wand that he obviously must be waving at disabled people as they exit the UK's national borders.

 

We planned to exit the UK to live abroad long before the MonSter gotta hold of me, I have paid my taxes and served Her Majestys Government all over the world. It's a travesty.

[PaysansG]

Hi Dave

 

Totally concur with your comments. We are so angry at the attitude of the UK government towards its disabled citizens that we are currently brainstorming our next move. As you might expect, being so tied up with this campaign over the last 6 months is taking its toll, so we are going to have to "bring the troops" into action. I am thinking about drafting the text for an email, which I will make available for download, in order that every affected person can bombard the Exportability Team with a demand for reinstatement of benefit. The only problem is - will people get involved?

 

kind regards

Tina

 

(Can't believe that you have an emoticon with my favourite phrase on it... just had to use it!)

[cyprus_dave]

Hi Tina,

 

I think that if people know about the campaign then they will, if affected by it, be happy take part in such an approach. For such campaigns to be successful I also think it will not only need the support of the media, but it must also be supported by the General Public (GP) and at least one Political Heavy weight that is prepared to stand-up and be counted, Maybe a Tory MP would be useful !

 

The other side of the coin is that the GP are very fickle and they may just see it as a bunch of lazt gits that can't be bothered to work that just want to sun it up on the beach whilst be funded by the state. But that should never be seen as a reason to give up.

 

Once you have the draft I'll post it on as many forums as possible.

 

HTH

[PaysansG]

Hi Dave

 

Well, we have support from two Tory MPs - Roger Gale and Oliver Letwin - as well as the Shadow DWP Minister, Mark Harper.

 

The difficulty has been getting any coverage from "national" (UK or otherwise) press. We have been able to get good coverage through expat newspapers (online and printed) and have very good support from them in getting updates out. Justed found that one of the Spanish expat papers has printed a supporter's letter in this week's edition - keeping the campaign in the spotlight (http://www.costa-news.com/index.php?option...&Itemid=151).

 

As for the GP - yes, very difficult... especially when they are subjected to news reports of pensioner poverty on the Costas explained in terms of "we can't go out for our meal everynight"! In all the time we have been in France, we have only eaten out on about 5 occasions - state pension not really allowing for a nightly binge!

 

We are going to wait and see what b&ll the Exportability Team responds with on Monday (hopefully!), in respect to our latest email, and take it from there.

 

Appreciate your offer of assistance in posting the details of any campaign move onto the forums... watch this space

 

regards

Tina

[cyprus_dave]

Hi Tina

 

The Power of the Media is everything, a recent campaign to get Soldiers properly compensated for some of the most hideous injuries imaginable that were sustained in either Iraq or Afghanistan was only won because of a successful Media Campaign.

 

We look forward to hearing more from you and your colleagues soon.

[PaysansG]

Hi Dave

 

OK, we have decided on an email "bombing campaign". Here is what we would like people to do:

 

For those who adhered to the Exportability Team's advice that "there is no need to contact us again on this matter", may I suggest that this is totally ignored (as we are!) and that all affected parties send an email demanding the reinstatement and backpayment of their DLA (care component), Carers or Attendance Allowance in accordance with ECJ ruling C-299/05 of 18 October 2007. NOTE: Make sure that you put the email for the personal attention of: Ms Kettle.

 

You can also refer to the reply made to the House of Commons on 2 February, during questions to the Works and Pensions team, by Ms Rosie Winterton (to MP Roger Gale's question see http://www.youtube.com/watch?v=5u6dE0uETsI), whereby she stated:

 

"We have been clear that if people claimed the benefit before they moved abroad, they are entitled to continue to claim it."This statement has been reiterated in a letter to Roger Gale, a copy of which can be downloaded from: http://www.paysansgrigny.com/dla-campaign.html and attached to your email.

 

The email address (in case you don't have it to hand) is: EXPORTABILITY.TEAM@DWP.GSI.GOV.UK

 

In addition, copy the same email to the following two address:

 

ministers@dwp.gsi.gov.uk This is the email address for Minister for Pensions, Ms Winterton's office.

 

dcpu.customer-services@dwp.gsi.gov.uk This is the email address to make official complaints to in respect to the Exportability Team (and any other DWP department).

 

When you receive the bog standard excuse from the Exportability Team, send a copy of their reply to with a suitable complaint to the customer services address (line above).

 

Please pass this information on to other forums etc that you are registered with that have threads on this subject.

 

Kind regards

 

Tina

[PaysansG]

UPDATE

 

UK newspaper coverage: have been providing information today to Anita Rieu-Sicart, editor of the Var Village Voice, for an article she is writing for the Telegraph. If we can get this story out into the mainstream UK media then it will quite a coup!

 

Meantime we have another name at the Exportability Team to put on the emails: Ms L Abbass

 

regards

Tina

[stewdowney]

Hi

I have also posted this note on the facebook causes wall for DLA abroad

I have had a e-mail reply from Mr Richard Corbett, MEP for yorkshire (the best) & humber, that he is sending a letter to James Purnell, the secretary of state for works & pensions about our difficulty in getting the exportable team to give our rightful benefits to us that we are now lawfully entitled too.

Keep the pressure on

Stew Downey

[PaysansG]

Hi Stew

 

Saw your posting on Facebook. Excellent stuff. The more people who kick up about this, the more chance we have of getting some action. As we all know, a lone voice is easily ignored... thousands of would-be voters, however, is a different matter

 

rgds, Tina

[stewdowney]

Hi Friends

Has anyone any ideas or thoughts on this note.

People who are having the most trouble getting their benefits back are the ones that went to the appeal service.

When we moved to Spain and lost our benefits we appealed, our case was on the 22.08.2006 when the petition for reinstatement was going through the European court.

As you know we lost, but two things come to mind.

1/ Did the chairman/board willfully withhold or where ignorant of this information so it could not be attached to our appeal for pending the outcome of the European court.

2/ The appeal board did not change the DWP decision ,they agreed or upheld it. So it was the DWP who stopped our benefits in the fist place.

 

When the European ruling was past we went back to the DWP and they told us to go back to the appeal services for they are a higher authority than them. But they said straight away that we were out of time and all paper/electonic data had been destroyed. More like keep moving the goal posts.

So if there is anyone who has got their benefits back after going to an appeal that was over a year after it would help us at the DWPexport dept.

Yours

Stew/Ellie Downey

[PaysansG]

Hi Stew and Ellie

 

I must admit to not knowing an awful lot about the appeal process, other than we filled in a DBD231 immediately after moving to France in June 2006 (on advice of the DWP) and losing the benefit - and nothing was ever done by the DWP/DCS/Exportability Team... no acknowledge, nothing.

 

However, I have heard that some people have successfully gone through Tribunals to get their benefit reinstated. But again, how this procedure works is unknown to us (seems that the DWP are trying to keep all of this under wraps in order that they don't get inundated with appeals/tribunal procedures!).

 

The Child Poverty Action Group has been appealing on behalf of people. Maybe worth trying to contact them?

 

kind regards

Tina

[stewdowney]

Hi everyone

If you have not heard yet that the goverment has changed the criteria for claiming abroad. You can read it on the new direct gov web site.

So lets now hope we get all our lost benefits back quickly.

Cheers (hopefully)

Stew & Ellie Downey

[Gosport Nancy]

@Mikey I might be missing something but if I were living in, for example, France, shouldn't I be asking for help there? I mean aren't state-funded benefits in the UK meant for people living in the UK?

 

I wouldn't expect a government to provide support for me if I wasn't living in that country.

I am genuinely confused.

[Marina]

@Gosport Nancy  This topic was about "exporting" one's DLA benefit when moving to another country as an expat, a bit like how people may be able to receive their UK pensions in another country when they've moved there.

 

However, things have probably changed regarding receiving disability benefits when moving abroad since this topic was first posted in 2009. We're not really aware of how things like this are today, especially as we're now no longer in the EU.

[Gosport Nancy]

1 minute ago, Marina said:

@Gosport Nancy  This topic was about "exporting" one's DLA benefit when moving to another country as an expat, a bit like how people may be able to receive their UK pensions in another country when they've moved there.

 

However, things have probably changed regarding receiving disability benefits when moving abroad since this topic was first posted in 2009. We're not aware of how things like this are today, especially as we're now no longer in the EU.

I have someone on my social media contacts who has lived in France for more than 10 years. She can claim the care part of PIP but not the mobility part.

Maybe it's just me who thinks that if someone chooses to move to another country from the UK they shouldn't expect people who pay taxes here to support them overseas.

 

I claim benefits here because I live here and am claiming through the UK benefits system. I only found out recently that some state-funded income can be imported.

[Marina]

I've just checked and this is what the Gov.uk site says:

 

Claiming benefits if you live, move or travel abroad: Benefits for carers and people with disabilities - GOV.UK

WWW.GOV.UK

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Benefits you can claim if you go abroad and countries with social security arrangements with the UK

 

It's not based on tax payers' money, it's based on NI contributions.

[Gosport Nancy]

Looks like I wouldn't qualify then as I have been unable to work for decades due to being a carer or having medical issues that exclude me from work outside of the home. My national insurance contributions were paid for me while I was a carer