|
|
Health
Topic has 148 replies.
  
|
|
Sort Posts:
|
|
|
|
 29/10/2007, 18:51
|
Llwyncelyn
Joined on 14/06/2006
Posts 703
|
|
|
|
If anyone comes across an argument from the DLA guys such as ' your appeal is out of time' 'delay is something that the procedural rules does not allow' or anything else along those lines please just pm me.
Last week in the UK I won a case albeit in the civil division as to delays prejudice and out of time that sort of thing. Whilst strictly procedural and under County Court rules I still argue it applies to Administrative Law and which is what basically DLA falls under. Those purists will say Constitutional Law.
But for delay look at Thorn Plc v McDonald and McDonald and the cases it has spawned. For 'v' do not read versus it means 'and'
kind regards
Another case is the Mortgage Corporation one and which if you google you will find quite easily.
I do not want to confuse matters but just pointing you towards delays as to appeals and the like.
If you have any problems then please just pm me and if I can be of help then of course I will gladly do so.
regards
|
|
|
|
|
Report
|
|
|
|
|
14/11/2007, 12:46
|
ebaynut
Joined on 06/03/2007
Posts 135
|
|
|
|
|
Tony,
I phoned them yesterday on their freephone number, but was told they were still working it out, and that there was no further news as of yet. They again stated that any updates would be posted on the website.
The wait goes on............ ![Angry [:@]](/cs/images/emotions/angry.gif)
|
|
|
|
|
Report
|
|
|
|
|
16/11/2007, 13:28
|
ebaynut
Joined on 06/03/2007
Posts 135
|
|
|
|
|
|
|
16/11/2007, 14:45
|
liberty
Joined on 16/11/2007
Posts 4
|
|
|
|
|
Hi,
I am actually living in the Netherlands. I had to leave the UK suddenly in 2002 and didn't have time to apply or wait for my DLA award outcome. I was told that the Netherlands had an agreement with the UK, although on arrival here found that there were no benefits available. I could claim if I became disabled here if I had been working and that would be through my employer, but I had become disabled before I came here.
I was wondering if from what is read in the legislation the new ruling will allow people with a disability who were not previously in receipt of DLA able to apply? I assumed that people who were in receipt of DLA before 2002 would still be in receipt of it? if others move from the UK they will also be able to keep their DLA. Unfortunately what happens to the people who are stuck in those middle 5 years? we simply get no help at all, just seems very unfair.
I'm literally stuck in my house every day staring at 4 walls. Things are so bad that I'm considering returning to the UK to stay with family as my quality of life is no fun at all here.
|
|
|
|
|
Report
|
|
|
|
|
16/11/2007, 17:02
|
ebaynut
Joined on 06/03/2007
Posts 135
|
|
|
|
|
Hi Liberty,
As I understand it, you have to be a resident of the country in which you claim any benefit, in order to be eligible for it, and some of these benefits are exportable should you move overseas. Therefore you would need to make a claim in your current country of residence for any similar benefits that they may offer their citizens.
This legislation deals specifically with people who were resident in their original claiming country at the time of the claim, but who have subsequently moved elsewhere within the EU, and who would have lost their right to the claim, as it was categorised as a 'special non-contributory benefit' (not dependant on NI contributions), and not a 'sickness benefit', which could be exportable.
This ruling seems to mean that if you were already in receipt of DLA and then moved, subsequently losing the benefit, you may be able to reclaim your lost benefit.
(ONLY the 'CARE' element of this benefit, would seem to be exportable)
If you should return to the UK as a resident, where this benefit is available, then I believe that should you then move elsewhere, you could take the benefit with you.
Afraid I can't help you on which benefits are available in the Netherlands, but I understand that this ruling was in direct relation to a claim from a dutch resident appealing the exportable application of the original legislation.
You may find these links helpful
http://www.completefrance.com/cs/forums/1024385/ShowPost.aspx
http://www.completefrance.com/cs/forums/947558/ShowPost.aspx
|
|
|
|
|
Report
|
|
|
|
|
16/11/2007, 18:56
|
Tony F Dordogne
 
Joined on 10/04/2005
Small village in the Dordogne, near St Cyprien
Posts 1,516
|
|
|
|
|
Hi Liberty
To export the benefit under the old - unlawful/incorrect - regulations, you had to be in receipt of the benefit before 1992 and to be in receipt of the higher rate of care element which means you would have qualified to export the benefit with you.
If you made a claim prior to moving to Holland I would suggest that if you were given the award (and assuming that you have the paperwork etc etc) and then you were unable to access it after you moved to Holland, you should certainly submit another application form and then appeal the previous decision.
However, if you were not awarded the benefit prior to moving to Holland - i.e., it was not awarded at all - then you will not be able to claim under current legislation nor under the recent ruling because (a) you are outside the appeal time (b) you do not meet the residential criteria to claim the benefit first time round.
Effectively, if you're not a UK resident and you weren't getting the benefit or had been awarded the benefit but didn't receive it, you can't claim now.
If your disabilities are so bad, I would speak to the local Dutch medical and social services to see what they can do to help you. A return to the Uk may be your best option I think.
Tony F
Dordogne (24)
Huguenot Trails
|
|
|
|
|
Report
|
|
|
|
|
20/11/2007, 12:04
|
liberty
Joined on 16/11/2007
Posts 4
|
|
|
|
|
Thank you for the replies. There are no benefits in the Netherlands similar to DLA unfortunately as all benefits relating to disability seem to be based on employment here. I think I have no option but to return to the UK, It just seems sad that I will have to leave my husband behind, although, at least I am lucky that I have family that can support me. I wish I had been given the correct information before moving here by my local DWP dept. Even now when I have telephoned I am still told that the Netherlands has an agreement with the UK.
Thanks for the replies.
|
|
|
|
|
Report
|
|
|
|
|
France Forum » Living » Health » Re: DLA some movement
|
|
|
|