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20/11/2007, 12:36 ebaynut Joined on 06/03/2007 Posts 135 Re: DLA some movement Liberty, Have pm'd you.    Report

20/11/2007, 13:03 liberty Joined on 16/11/2007 Posts 4 Re: DLA some movement Does anybody know the position a person is in if they return to the UK.  My reason for asking this question is that a few weeks ago I wrote to a local benefit dept about returning to the UK and claiming DLA.  On the telephone, before writing I was told that as I had been out of the UK for 5 years that I may possibly be unable to claim for some months if I returned and that they are looking into this query. I have waiting over 4 weeks for a reply and I phone the dept each week. Each week I am told that the person dealing with my letter has been too busy to ge around to it. I was wondering if anyone knows the answer to this question? Can i claim straight away? or are there any rules about having to wait? I have read some info on the DWP website which says, quote: It mentions this in relation to many of the benefits, quote: You may be treated as having lived in Great Britain, Northern Ireland or the Isle of Man if you have been living in a country in the European Echonomic Area or a country that has a social security agreement with the UK.   But it doesn't state which benefits? and is pretty unclear. Thanks Liberty   But thats about all the info i can find.      Report

20/11/2007, 18:45 Tony F Dordogne Joined on 10/04/2005 Small village in the Dordogne, near St Cyprien Posts 1,516 Re: DLA some movement Liberty, you're speaking to the wrong people if you're speaking to a local DWP office, you need to speak to the DLA central office. You are not a resident of the UK and to claim DLA you will have to be resident in the UK, I think it's for 13 months - the same as not being able to appeal after 13 months and there are residency rules which you will have to meet - again, speak to the DLA direct, not the local office. You seem to be saying that you have been inactif since you have been in Holland, that is you haven't worked and that your husband (is he a Brit or Dutch?) has been working.  If that is so, you may be entitled to the Dutch equivalent of an E106 which will give you some cover in his name if you choose to return to the UK. And it's nothing personal about responding to letters and getting agitated about getting a response will only get you further down - at the moment the backlog at the DWP exceeds 4 months! Ring their headquarters and get definitive answers, not from local offices.  Ring the overseas department of the DWP and speak to them about possible benefits though to be honest having been out of the UK for 5 years, I think you may have to requalify through employment or NI credits unless there is some way of using your husband's working status to your benefit - and I think you should find a site for the Brits in Holland, Holland and France have different approaches to health care and the EU regs are 'fluid' to say the least. Tony F Dordogne (24) Huguenot Trails    Report

20/11/2007, 19:30 liberty Joined on 16/11/2007 Posts 4 Re: DLA some movement Tony, My husband is Dutch, and is self employed here.  Would this form apply to him? He does pay alot of taxes here.   My husband also lived in the UK for 5 years before we moved here and also has a national insurance number. But, his taxes have been paid to the Netherlands.        Report

21/11/2007, 6:45 Tony F Dordogne Joined on 10/04/2005 Small village in the Dordogne, near St Cyprien Posts 1,516 Re: DLA some movement I think it does, the E106 is - as far as I know - a Europe wide form. But it should cover you back in the UK if it is appropriate. You really need to speak to DWP - but almost certainly it will mean returning to the UK to get benefits - or the Dutch authorities because if he's always paid his taxes in Holland and you're married to him, my limited understanding is that you are entitled to benefits there. Tony F Dordogne (24) Huguenot Trails    Report

21/11/2007, 16:11 Gardian Joined on 15/02/2006 Gard Posts 1,406 Re: DLA some movement Just a word of thanks to you guys who have been pushing on this one. As a result of the info, I have submitted an appeal on behalf of OH to the email address provided on one of the links. I appreciate that it'll be a while before we hear anything, but well worth 20 mins effort. I'll post back if any news.      Report

21/11/2007, 18:53 Tony F Dordogne Joined on 10/04/2005 Small village in the Dordogne, near St Cyprien Posts 1,516 Re: DLA some movement Gardian, not wishing to appear difficult but unless your OH has signed off on the original forms that you will deal with her case, she needs to send the appeal herself. And I'm told they will not accept an appeal in this way - if your appeal is for a termination of benefit more than 13 months ago (the usual appeal time limit) you need to submit another new form together with an appeal in writing, by letter, the email could come from a Ghananian scammer for all the DLA office knows. If you don't submit a new form, you're OH's case is likely to be 'archived' by now and cannot be used, see the comment about 13 months.  Tony F Dordogne (24) Huguenot Trails    Report

21/11/2007, 22:21 Gardian Joined on 15/02/2006 Gard Posts 1,406 Re: DLA some movement Tony ............ Be assured that the appeal came 'from her'. Anyway, we got this more-or-less immediate reply by email: Thank you for enquiring about the recent change in European legislation. The Court has decided that DLA/AA/CA are incorrectly listed in European Legislation – in other words, that they fall within a group of benefits which must, in certain circumstances, be paid to people who move from the UK to live in other EEA states (or Switzerland). The precise implications will not be known until the judgement has been fully considered, which is likely to take several weeks. Until we have studied the terms of the judgement, we will not know who, if anyone, may become entitled to benefit as a result. You will  be contacted at a later date.  www.direct.gov.uk will be kept updated with all the latest information.   So, let's see.     Report

22/11/2007, 7:04 Tony F Dordogne Joined on 10/04/2005 Small village in the Dordogne, near St Cyprien Posts 1,516 Re: DLA some movement Gardian, that's the standard reply. You MUST submit a new claim if the claim was closed more that 13 months ago - if you do not, you most certainly will NOT - and this is from the 'decision makers' at the DLA - have an appeal allowed, the file will remain closed and without a new claim, how do the DLA know that your OH still wants to make the claim?  An email really is nothing, could be a scam. I have posted what I have been told by the DLA offices several times now - new claim plus appeal letter - without those two things together my feeling from my conversations is that they will almost certainly disallow an appeal -IF and it's still a big IF - this ever gets resolved to pay back  money and reinstated claims.  Tony F Dordogne (24) Huguenot Trails    Report

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