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17/06/2008, 15:48 Bonjean Joined on 15/11/2005 Posts 6 Re: DLA some movement Hi everyone, Just seen this thread and I am a little confused, I moved here permanently in February and am in receipt of long term incapacity benefit and the mobility component of DLA.  I had informed DWP before I left but it took them months to send me a form re my DLA and I have just received this week a letter saying I am not entitled to DLA as I am no longer resident in the UK and have no intention of returning. Is this correct? Thanks for your help, Kind regards Michelle    Report

17/06/2008, 17:00 Benjamin Joined on 21/08/2005 Vendée South Posts 1,815 Re: DLA some movement You really do need to read all of this thread to bring yourself upto date with what's been happening to the exportability of UK benefits and you should also be reading the DirectGov website regarding benefits. Briefly the European Court of Justice decided on 18 October last year that the UK Government acted illegally in withdrawing certain benefits when claimants moved abroad. The UK Government is still considering it's response to this. In your case the mobility component of DLA was specifically excluded in this jugdement so it appears that DWP are acting correctly. Benjamin St Malo 1-New evidence suggests mis-trial    Report

17/06/2008, 17:29 Bonjean Joined on 15/11/2005 Posts 6 Re: DLA some movement Hi Benjamin, Thanks for your reply, I did read all of the thread but I was even more confused after which was why I posted.  I am actually quite relieved that I don't have to appeal or anything as I came here to help my health not make it worse!!  I had already factored in to our move the loss of my DLA so losing it has not been a shock.  However I am very sorry for all of you who are reliant on that money and are having to go through an appeal process, I know these things are long and drawn out and fraught with stress.  I really hope you all get the outcome you need.  Kind regards Michelle      Report

18/06/2008, 7:35 Tony F Dordogne Joined on 10/04/2005 Small village in the Dordogne, near St Cyprien Posts 1,515 Re: DLA some movement Hi Michelle I don't think any of us are reliant on the DLA money and any sensible person coming here would have known that under the old regime, DLA would not have been payable when we moved to France and therefore we would not have factored that into our budget/s.  It's the rule change from the EU that has made repayment/payment possible so therefore for all of us, it would be a bonus.  I never see this as making my health worse, just another bureaucratic hoop though which we have to jump. Latest news, chez nous - my letter arrived, together with a large addressed envelope asking me to send as much information about my previous claim to the Exportability team so it looks as tho some slow/small progress may be made. Tony F Dordogne (24) Huguenot Trails    Report

01/08/2008, 10:07 Tony F Dordogne Joined on 10/04/2005 Small village in the Dordogne, near St Cyprien Posts 1,515 Re: DLA some movement Right, the plot is thickening. Spoke to the DLA Office this morning and the help desk - and the person I spoke to was very helpful - said Exportability Team are swamped, understaffed and are now not responding to calls.  She walked my call to their office and hopefully I will hear from them this afternoon, only the seventh answered call in ten days and only the fifth time I've asked the ET for a response.. HOWEVER, the help desk supervisors had a meeting with the Exportability Team last week who have said a final, governmental decision, will be made in NOVEMBER this year - NOVEMBER, some of the more severely ill people could be dead by then!!!  Were one cynical, you'd think that is what the government is banking on - literally, banking on! Now this is unacceptable and I think we need to start taking this to the politicians, if Jim Murphy is still the Europe Minister, perhaps it's about time we started a sustained campaign to get his interest, as we did about the French health changes last year. The UK Government knew, well in advance, they were likely to loose this case and did nothing pre-emptive.  The Exportability Team should have been in place well in advance (I've done that sort of work for the Government in the past so know how the system works) and the decision should have been made long ago. Not angry, boilingly furious that people are being treated like this - and it's not the money, it's the bloody principle that matters now. Tony F Dordogne (24) Huguenot Trails    Report

02/08/2008, 12:58 Grecian Joined on 24/01/2007 Deux Sèvres Posts 109 Re: DLA some movement Have to agree with everything you have posted Tony, a total disgrace the way people on DLA, or should I say were on DLA, are being treated. I am afraid this is just indicative of the way the UK is now being run. It seems the attitude of this government is to kick in the teeth anybody from the UK that has paid their NI contributions all their lives, and try and prevent them receiving a benefit for which they are entitled to. For what it is worth myself and my wife will be posting our letters to the DLA/CA offices on Monday, telling them of our imminent move to France. I do not expect a reply before we leave for France in the middle of September. I guess they will carry on paying the two benefits as normal, and when they finally get around to opening our letters, will then be forced into a decision as to whether the two benefits are indeed exportable. I guess myself and my wife could well be some of the earliest to test, if indeed DLA and CA are truly exportable.      Report

02/08/2008, 14:02 Tony F Dordogne Joined on 10/04/2005 Small village in the Dordogne, near St Cyprien Posts 1,515 Re: DLA some movement Information from the Exportability Team leader as of yesterday is: 1)  Existing claimants should not have a problem. 2)  New claimants are being processed first. 3)  Old/defunct claimants are being held pending a decision from the lawyers BECAUSE they don't want to have to NECESSARILY pay all the back pay that may be due - some people went off DLA in the late 1990s and therefore are theoretically due substantial backpayments. And the lawyers still haven't worked out what to do about non-UK nationals who claimed DLA when in the UK and have gone back home - how to stop them claiming now. BUT he also told me that (informally) they will be reinstating all the people in the EU who were forced off the benefit and that I will go back onto DLA, it's just the appeals on the back benefits that are the problem for our 'class' of claimant. Hope this helps somewhat - it could be that you wont stop receiving the benefit Grecian but let us know what happens please. CAPS above used for emphasis, not to shout. Tony F Dordogne (24) Huguenot Trails    Report

02/08/2008, 14:34 Benjamin Joined on 21/08/2005 Vendée South Posts 1,815 Re: DLA some movement Some interesting info there Tony. It seems as if Mrs Benjamin, as a new claimant, will be dealt with very quickly after the decision, be it "yes" or "no". What then becomes murky is that, on her behalf, I had a lot of correspondence with DWP as to why as a British citizen living in the EU, she wasn't entitled to apply for DLA. After a lot of backwards and forwards they agreed to send her a claim pack in early 2005 and then officially, as we expected, turned her down because she didn't live in the UK. If she is successful this time (DLA claim sent off in April) then I'll then let them have copies of the earlier correspondence and see what happens then about any potential  payment of arrears. Thank you for posting this information.   Benjamin St Malo 1-New evidence suggests mis-trial    Report

04/08/2008, 12:18 ebaynut Joined on 06/03/2007 Posts 135 Re: DLA some movement I wrote to the exportability team back in April, enquiring as to "would we be able to take my CA and my wifes DLA to France if we move". We had a phone call from them a week or so later stating that when the position was clearer they would reply to my letter. Having not heard from them for some months, I phoned them last week, when after being put through to the exportability team, I was asked "how I got their number?" I said I had phoned their switchboard and had asked to be put through to the exportability team. The lady on the phone was most put out and said it would not be possible to phone them again as they were going to stop taking phone calls. Since I was through to her however, I asked as to why I had not yet had a reply, pointing out the ruling was made in October last year by the EEC, and that perhaps a decision should have been made by now. She was as helpful as she could be, and stated a decision had been made, that people who also receive IB were able to take the Carers allowance and DLA with them, but as my wife does not receive IB, a decision had not yet been made as to CA and DLA on their own. As the rules are to be changed for IB in the near future, it is my guess that this will also affect taking CA and DLA with it. The lady stated that it could be as long as November (over a year after the EEC decision ) before there is a decision on DLA /CA exportability, and it was out of her hands, and the legal team were still working on it. She also said that they would never give a definite 'yes or no' as to taking benefits abroad if it is just an enquiry, you must give the date you are leaving the UK and then they will give you a 'yes' you can take it, or 'no' you can't. This means in theory you must sell your house in the UK, buy one in France, get your moving date and then they will let you know if you can take your benefits with you. If it's 'no', then you will have no house in the UK, but have one in France that you can not legally live in.  Now why do we wish to leave the UK? Still this is the law as it stands, so we must obey....where is that wall to bang my head on?????    Report

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