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06/11/2008, 18:50 martin Joined on 13/08/2007 bergerac Posts 19 Re: DLA some movement After several weeks, I have at last received a reply to the e-mail which I sent to The Exportability Team.  Nothing new really, but I suppose that confirmation that nothing is new suggests that this matter is still current.    Must say that I am rather surprised that the potential claimants are in the thousands! This is the relevant extract of the reply ................. Unfortunately the situation regarding claims from abroad has not changed. We are still awaiting further guidance on these claims from our legal advisors. No decisions will be made before the end of this year. We are hoping to start in the early part of the new year. We hold your details on our database this is because your previous details are no longer on the main system as due to the Data Protection Act they are destroyed after 14 months.   I sorry that this is not the answer you required but we have thousands of claims like yours from people who were in receipt of benefit before they moved away. When we receive further guidance everyone will be contacted and each case will be looked at in its own write. However I have issued your with a new claim pack so that when we do reconsider your case we will have some of the information we require.    Report

07/11/2008, 10:23 KathyC Joined on 31/07/2005 Posts 175 Re: DLA some movement Sorry if I've missed this, having read through the thread, but where does AA fit into all this? We feel that my husband would have been eligible for this a couple of years ago but as we knew we were moving out here and that it wasn't exportable, we didn't bother applying. Does this come into the same category as DLA from the point of view of getting in an application now just in case it's going to be possible to claim this from France? Thanks for your thoughts on the subject. "Disqualified from the human race for shoving."    Report

07/11/2008, 16:17 Benjamin Joined on 21/08/2005 Vendée South Posts 1,864 Re: DLA some movement KathyC If you go to this link on the DirectGov website you will see that your husband's right to AA is still being considered by this *!*!(!( Governments' legal advisers. http://www.direct.gov.uk/en/DisabledPeople/FinancialSupport/Introductiontofinancialsupport/DG_073387 Sorry but you'll have to cut and paste. You need to request a new claim form immediately which may then allow you to claim back payments. Benjamin St Malo 1-New evidence suggests mis-trial    Report

07/11/2008, 20:37 KathyC Joined on 31/07/2005 Posts 175 Re: DLA some movement Thanks for the advice; I'll get onto it on Monday. "Disqualified from the human race for shoving."    Report

08/11/2008, 14:16 Benjamin Joined on 21/08/2005 Vendée South Posts 1,864 Re: DLA some movement Some time ago we emailed the Exportability Team to ask if, in view of the delay in awaiting a decision on the European Court's findings, we should submit a claim for Carer's Allowance if Mrs Benjamin's claim for DLA is succesful. The following is the reply that we have received today. Dear Mrs Benjamin   Thank you for your query about your husband claiming Carer's Allowance (CA) from France.   Unfortunately we cannot yet make decisions on any new 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 Carer's Allowance to 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.   Please note that Carer’s Allowance can only be paid if the appropriate Qualifying Benefit is in place to youself. Therefore you should await the outcome of any related Disability Living Allowance/Attendance Allowance claim before submitting a claim to CA. The claim to Carer’s Allowance should, however, be made within 3 months of the decision awarding the Qualifying Benefit.   Thank You   Carer's Allowance Exportability Team Preston It does make you wonder, if Mrs Benjamin's claim is successful and is backdated, whether any successful claim for CA will also be backdated. I also note that others have suggested a French Healthcare style campaign but judging by our complete lack of success in getting a reply from any of this !*!*!*!* Governments ministers that we  have emailed then that approach is not worth the effort of starting. They should be ashamed of themselves.   Benjamin St Malo 1-New evidence suggests mis-trial    Report

13/12/2008, 16:27 Benjamin Joined on 21/08/2005 Vendée South Posts 1,864 Re: DLA some movement  Grecian wrote: UPDATE--RESULT! Well obviously the male/female decision maker at Blackpool must read LFM forums, because this morning my wife received a letter from them informing her that the care component of her DLA will be reinstated, but not the mobility component, which we were aware of already. This obviously means anybody leaving the UK, who is in receipt of DLA and meets the criteria laid down for receipt of the benefit, will be able to export it with them when they leave the UK. Hopefully it will also mean those who left the UK pre-October 2007, will be able to claim back the benefit that was stopped when they left the UK. Still CA to sort out, but one victory at a time I think.   Without asking for any personal details has this actually happened for you? Benjamin St Malo 1-New evidence suggests mis-trial    Report

13/12/2008, 17:36 KathyC Joined on 31/07/2005 Posts 175 Re: DLA some movement I just wanted to update you on my husband's situation regarding an application for AA. He phoned up and was told that a form would be sent and when he asked whether someone in his situation (not on DLA/AA before moving out here) was now going to be able to claim AA he was told "it looks like it"! He was also told that the date of his call had been logged and if the claim was successful it would start on that date. Obviously anecdotal and I'm not holding my breath but it sounds likea step in the right direction. Thanks for encouraging us to apply and pointing us in the right direction.   Now to fill the damn form in! "Disqualified from the human race for shoving."    Report

13/12/2008, 19:41 dragonrouge Joined on 08/02/2008 Posts 161 Re: DLA some movement Dear Benjamin please pm me and I will give you background on our situation.  My position was not based upon moving to France per se it was based on an altogether differing argument and fortunately the Chair of the Tribunal agreed with me and all that took place was hours of us arguing legal stuff as to residence and the like and moving abroad for services that were restricted in the UK. Indeed the Blackpool guys did not even put up their lawyer so I had full audience and it was an opportunity that I will never ever forget. I am so pleased that movement is now being seen.  We put millions into the banks but next to nothing to those who deserve our support and help and simply love.    Report

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