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Hi Sorry I had to rush off last night domestic upheaval involving animals.
Having read the judgment I think as does Tony that only part of DLA is capable of being exported and even now HMG does not truthfully have to follow it and indeed in the past there have been elements (as have France) of totally disregarding judgments.
I am going to read the judgment again later today do some research (Non means tested benefits 2006 Thompson Sweet and Maxwell which is the bible on such matters) and see where that takes me.
My view of all of this is that those of you who had the benefit (in whatever form and that is for the sake of avoidance DLA only) and this was then ceased on moving to France get an application pack from Blackpool.
Be very careful and if you have any copies of previous applications make sure that the story is a continuing one and that (and please forgive me) that there is continuity in your arguments. If I were a betting man I would say that perhaps you will see some early signs of saying 'No' purely on the DLA front and that only on medical related grounds. I tend to be a cynic in such matters but if DLA was awarded in the past they really would be insane now to say no.
If they say no then its to the Tribunal but I do not think it will get that far.
The overall cost to HMG is not even worth considering so its policy as against monetary considerations.
My view is to all of those who as I say lost the award on moving here to France is to set up the process once more. Application pack (perhaps some details from your French medical history) plus a covering letter.
The letter should obviously be by recommande avec accuse de reception and should be plain and simple.
Perhaps something like ' In view of the recent decision of the European Court of the............and which deals specifically with the concept of DLA payable in European Member countries I now enclose etc etc.
This letter together with the application pack has been send by International Recorded Delivery with a signature being needed (This sorts out the statement 'never had it') so its a presumption that they have had it.
The relevance and importance of the judgment is far-reaching and of considerable importance to myself as of course DLA was originally payable but ceased on my move to France in..............................
If my reading of the judgment is correct then DLA is payable to myself from .....................and I look forward to the payment of the arrears portion into my UK bank account and details of which are obviously in your possession as well as confirmation from you when this has been achieved as well as details of the commencement and payment of the new award.'
We all put letters together differently but try to encompass the above points and it would not be right for all letters coming from France to be somewhat stereotyped.
Finally my view is that only those who were awarded DLA in the UK can benefit from the judgment. Those of us who are now resident in France must utilise the French system or go back and to see if you qualify! However perhaps that is a step too far.
Again a just a small point those who can truly point to say a drug being available in France and which is means tested or NICE protected in the UK may equally try to argue that point or that facilities and the availability of facilities are here in France but not in the UK.
Hope this helps.
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