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15/10/2007, 9:53 Rides Joined on 24/08/2006 Head in Cumulus - Feet in Haute Vienne Posts 15 Re: DLA some movement Hi Llwyncelyn - I have tried to send you a private message but it has  been returned to me as being "unable to deliver".  I just wanted to let you know that I have spoken to DWP and they have sent me an appeal form to fill in.  I wondered if you could either help me quote legalities to them within the appeal or check what I say  before I send it?    I don't want to say anything which would be wrong and thus look a complete twat and have my appeal binned.  I am quite prepared to go to UK for a tribunal hearing.  It says on the form that they will arrange a hearing close to my "landing point" - that's nice isn't it??? Thank you for all the hard work you have put into this - and everyone else who is keeping us up to date - well done all.      Report

18/10/2007, 12:44 ebaynut Joined on 06/03/2007 Posts 135 Re: DLA some movement Have just checked on this today to find out the judgement, can anyone decipher what it actually means? http://curia.europa.eu/jurisp/cgi-bin/form.pl?lang=en then enter: C-299/05 in the case law search, and submit, then select: C-299/05 Judgement 2007-10-18 This gives the findings of the court, but unfortunately I can't include the full findings in the address bar in it's entirity due to it's length. From 'my' understanding it implies that 'part' of the DLA component IS transferable overseas, am I reading this right? If my understanding is correct, then I believe that would make those in receipt of it eligible to an E121. A legal mind on this would be very much appreciated      Report

19/10/2007, 17:54 Tony F Dordogne Joined on 10/04/2005 Small village in the Dordogne, near St Cyprien Posts 1,494 Re: DLA some movement Hi folks Just back from two days of medical stuff in Bordeaux and have received the judgement link - many thanks Mrs ebaynut. If I've read this right, and it's only a skim through atm, the the judgement partially went against the UK in that part of the DLA will be payable.  "Temporal effects of this judgment 74      It is necessary, however, for the Court to state that the straightforward annulment of the inclusion of the DLA in the list in Annex IIa as amended would lead to the United Kingdom being forced to grant the ‘mobility’ element of that benefit to an unspecified number of recipients throughout the European Union, although the fact that that part of the DLA is in the nature of a non-contributory benefit cannot be disputed and it could lawfully be included in that list as a non-exportable benefit. 75      That fact warrants the Court exercising the power expressly conferred on it by the second paragraph of Article 231 EC in the event of annulment of a regulation, provisionally to maintain the effects of inclusion of the DLA as regards solely the ‘mobility’ part so that, within a reasonable period, appropriate measures can be taken to include it in Annex IIa as amended." Now, I take this to mean that DLA is included, apart from the mobility element, because the care element is a non-contributory health benefit - and incidentally, the mobility element was paid to fewer people than the care element, if you got DLA you had to get the care part, mobility was always more difficult to get. Where's Llewelycyn when you need him - I have a hot form here ready to get into the post and now need to organise the covering letter. Any other help gratefully received - if we crack this one folks, it's champers all round I think.   Tony F Dordogne (24) Huguenot Trails    Report

19/10/2007, 18:17 Puzzled Joined on 05/10/2006 Posts 488 Re: DLA some movement I have had two emails from the solicitor tackling this on my behalf on the UK, I didn't post after the first one as I didn't want to build any hopes up BUT This evening she states that although she hadn't read 'it' properly she gathers it "confirms the Advocate General's decision - ie that the care component of DLA is exportable and that if you haven't already done so you should make a fresh claim for XXXXXX,  and anyone else you know who is affected should do likewise - NB it is care only, not mobility" This may affect the whole E106 issue too, but I would worry about getting the money backdated and banked first !      Report

19/10/2007, 18:41 Tony F Dordogne Joined on 10/04/2005 Small village in the Dordogne, near St Cyprien Posts 1,494 Re: DLA some movement Puzzled, it that is the case the letter and new form will be in the post next week - but as the UK managed to get red lines around most of the changes at the EU summit yesterday and today so the UK is exempted from loads of stuff, I'm only crossing my fingers atm.   Tony F Dordogne (24) Huguenot Trails    Report

19/10/2007, 19:52 Grecian Joined on 24/01/2007 West Yorkshire Posts 94 Re: DLA some movement I see at least the DWP has acknowledged the ruling on their website, and will report more when the ruling is fully understood. Link: http://www.direct.gov.uk/en/DisabledPeople/FinancialSupport/DG_10011731      Report

20/10/2007, 16:10 Shane Joined on 23/08/2004 Haute Vienne Posts 170 Re: DLA some movement Does any of this mean that someone already living here in France and receiving Long Term Incapacity Benefit with a mobility problem can apply for DLA for the first time or does it have to have been already applied for before leaving the UK?    Report

20/10/2007, 19:03 Llwyncelyn Joined on 14/06/2006 Posts 703 Re: DLA some movement Good evening like most things the guys in Blackpool are going to take advice!  The next few weeks will be interesting.  It is quite an interesting concept as to whether one can claim DLA when already resident in France for the judgment was strictly on the exporting of DLA not claiming after one is wherever. It would be a point of social security law and my advice is to try it and then if they say no go to appeal.  That being the case you need to get a good lawyer around you   take care    Report

20/10/2007, 19:09 Tony F Dordogne Joined on 10/04/2005 Small village in the Dordogne, near St Cyprien Posts 1,494 Re: DLA some movement From what I read, this judgement is related to those people who tried to export their benefit when they moved to France but were prevented from doing so by the rules as they were then applied and I shall appeal on those grounds. And, there is also the UK's fallback position that claimants must fulfill the residency criteria to start a claim for the benefit, rather than apply for the benefit to be reinstated on a point of law or judgement, so people already here may not be able to claim retrospectively.  Carole, I would have thought that if you're getting those benefits and are already on an E121, you might be better off applying for disability registration here. I'll ring the DLA office on Monday and ask what I should do now - let's see what 'archived' means! Tony F Dordogne (24) Huguenot Trails    Report

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France Forum » Living » Health » DLA some movement

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