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Hi
I am new to this forum. I have recently moved to France, and I am severely disabled and have been for most of my life.
I checked into the benefits side of things thoroughly before I came over.
I, like some of you, have also been left high and dry and left without much money each month,
how do they expect people to live particularly as prices and the cost of living are constantly increasing?
They told me that my benefits (DLA and SDA) and my care allowance were definitely exportable, they didn't say anything about it being
suspended for a long time, Which they have done. I have been told that it could be up to a year before they come
to a decision as to how people in receipt of DLA are to be paid, as the EU have not informed them (DWP)as to how they are
to actually go aboutpaying it. This is not true.It's passing the buck, the Europa team have told me that the UK Government
is breaking Europeanlaw, and have no right to suspend anyone's benefit, simply for the fact that they have moved to a member EU state.
I have made a few enquiries, I e-mailed the exportability team at the DWP but I have not had any response up to now,
which doesn’t surprise me!
Last week I telephoned the helpline on the Europa website and told them the situation and you may be interested in their written reply which I have posted below.
Apart from this, I don't know what else I can do, perhaps you have some other ideas.
I just hope it isn't too long before they sort this out. I have not even had anything in writing to say that my benefit
has been stopped, they could at least do that, they just stopped it and my Carer's Allowance without notice, my carer is here with me in France too,
it doesn't cost much to send a letter does it?
Regards
Longbow
REPLY FROM EUROPA
Thank you for this enquiry.
As you will already know, the EU comprises an area in which the free movement of EU citizens is assured. This freedom of movement is supported by the right to receive social welfare benefits throughout the EU. The rules relating to social welfare have been regulated, to a limited extent, by the EU. You can find out more by reading about Regulation 1408/71 at the following website:
http://europa.eu/scadplus/leg/en/cha/c10516.htm
The rules relating to social security in respect of certain kinds of benefit, including invalidity benefit may
not be subject to reduction on the basis of residence in another member state. This is subject to certain rules.
The ECJ in case C-299/05 (Commission of the European Communities v the European Parliament and the Council of the
European Union) held that the UK had wrongly categorised Disability Living Allowance as not being exportable.
Only the mobility component of DLA was not exportable under those rules.
The UK is currently revising its rules for DLA:
http://www.direct.gov.uk/en/DisabledPeople/FinancialSupport/Introductiontofinancialsupport/DG_073387
You should write, in the first instance, to the relevant authority in the UK:
Exportability Co-ordinator,
Room B120D,
Pension, Disability and Carers Service,
Warbreck House,
Warbreck Hill Road,
FY2 0YE
exportability.team@dwp.gsi.gov.uk
If your claim is rejected we would recommend that you contact:
your nearest Citizen's Advice Bureau in the UK
or the Child Poverty Action Group advice lines:
+44 (0)20 - 7833 4627 Monday to Friday, 2.00 - 4.00 p.m.
Alternatively, you can contact our sister organisation, SOLVIT, which may be able to assist.
The Citizen’s Signpost Service has examined your enquiry and considers that the matter could be dealt with by the
SOLVIT system.
SOLVIT is an informal network to resolve problems caused by the misapplication of EU rules by public authorities
in another Member State.
There is a SOLVIT centre in every European Union Member State (as well as in Norway, Iceland and Liechtenstein).
SOLVIT centres are part of the national administrations and are committed to providing real solution to problems
within 10 weeks. The use of SOLVIT is free of charge.
You can submit your case to SOLVIT by
(1) Clicking on the link below entitled "I wish to sent my case to SOLVIT"
And then
(2) Completing the additional information requested
And lastly
(3) Clicking on the "Send to SOLVIT" button
Your case will be automatically be transferred to the relevant SOLVIT centre
If you do not wish to submit your case to SOLVIT now, you can of course submit it to SOLVIT at any time in the future.
To submit your case to SOLVIT later you should take direct contact with your local SOLVIT <http://ec.europa.eu/solvit/site/
index_en.htm> centre.
Disclaimer
On the basis of the information available, the Citizen Signpost Service has suggested that your case could be dealt with SOLVIT. However, the advice from the Citizen Signpost Service is of a non-contractual nature only and does not in any way guarantee that SOLVIT will agree to deal with or resolve your case.
It is the responsibility of the SOLVIT centre(s) to decide whether they will accept to handle your case. SOLVIT will inform you on the decisions and outcomes of the case.
The advice given by the Signpost Service legal experts is independent advice and shall not be considered to be the opinion of the European Commission. As such it will not in anyway bind the Commission.
Note: To post another enquiry, please visit the Signpost Service Web Site <http://ec.europa.eu/citizensrights/front_end/signpost_en.cfm> or contact EUROPE DIRECT <http://ec.europa.eu/europedirect/> .
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