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Having been on the phone all morning, thought I would update you on my findings! ![Blink [blink]](/cs/images/emotions/blink.gif)
Firstly, the DLA spokeswoman stated that they knew about the changes, it was still too early to give a definitive answer, as they were still being updated on what the announcement would mean in terms of application.
She recommended that all those affected (either intending to make the move, or having already moved and lost their benefit) should apply immediately in writing, stating their own personal cirumstances, and provide both their own, and partners NI numbers to:
Exportability Team
Room B - 120D (Changed, see below!)
Room B - 215 (NEW ROOM NUMBER! EDITED: 17/04/08)
Warbreck House
Warbreck Hill Road
Blackpool
FY2 0ZA
It would probably be several weeks before you would receive a reply or a decision, but that this would be due to the clarification of the ruling for each individual case.
Also, to state that you would like to enquire whether your own particular case could be granted an E121, and this would also be investigated and addressed.
Some useful numbers if you wish to try and get any further information:
Overseas Incapacity Benefits Office - 0191 218 7644
DLA unit - 01253 856123
Medical Benefits (E forms Team) - 0191 218 1999
Also, this thread is entitled 'DLA some Movement', if I could clarify this benefit for those who don't understand, this is not the same benefit as Incapacity Benefit. They are two totally different benefits.
DLA is awarded to those people who have been classified as 'Disabled'.
DLA is a non-means tested benefit, which is awarded to disabled people who have special needs, and is not based upon your ability or non-ability to work, and continues to be paid regardless of whether you are in employment or not.
DLA is not under the same review and withdrawal by the Govenment as IB, and disabled people are not being forced to have an assessment to decide if they can work. Both Disabled people and IB claimants have to undergo periodical re-assessment to decide whether their conditions continue to entitle them to their particular benefits.
Prior to the ECJ ruling, DLA was not exportable within the EU, and the recipient was not entitled to an E121, (and still may not be), despite the fact that they could never qualify for PHI. This was/is completely unfair discimination against disabled people, and also breaches their right to free movement within the EU, under EU regulations.
Incapacity Benefit on the other hand has been exportable for some considerable time, and also qualifies the holder to an E121. Incapacity Benefit is awarded to people who are categorised as being 'incapable of work'. This is the benefit which draws such vehement views from some quarters. Claimants on IB 'may' also be entitled to DLA, and vice-versa, but being elligible for one does not automatically qualify you for the other.
EDIT:
'Prior to the ECJ ruling, DLA was not exportable within the EU'
Should also have stated:
'unless you were in receipt of it before 1 June 1992'.
Also, just to clarify (again) - it is only the 'care' component of DLA which can be exported at this point in time.
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