Disability Living Allowance in Spain ***WON***

[chloe01]

I am at present trying to get my neighbour here in Austria (EU) who is 79 and blind, Attendance allowance.

The exportability team have said they are awaiting a decision from the POLICY team regarding a ruling from

the EU in July.

I am unable to post the link as I am a newbie

Basically it decrees that it is unlawful to require a claimant to be in the UK at the time of claiming, and unlawful to apply a residency rule i.e 26 weeks out of 52.

So, armed with this very long ruling, I go to war on my neighbours behalf!!

 

I wish you all the luck in the world bernipage. I also believe that you need someone, like I did, who is an expert on community law, I was not charged a penny of all the help over nearly 5 years of fighting. And like I said on many occasions I would of probably given up years ago. You seriously can not believe anything that the DWP tell you, as they will just try and steer you away and make you believe that you have no rights. This is so not the case, as has been proven with my appeal. But I do recommend that anyone pursuing DLA from another EEU country should get professional help.

 

On another note, you may remember In applied for DLA/Care from Spain in 2007 then 2008. And that I eventually won my appeal which was backdated to 2008, middle rate.

 

The Lower Tribunal Judge refused to entertain my first application that I made in 2007 and then went on to refuse that it be sent to the upper Tribunal. But as you may, or may not know, it is within everyones right to apply directly to the upper tribunal. I today received a confirmation letter that the Upper Tribunal Judge has asked the lower tribunal judge for my "case papers". I hope they have a box big enough to pack it all in.

 

I have given the name of the man that has helped me, but I am not allowed to mention the organisation. But I guess I can advise that you Google he´s name and find out for yourself.

 

GOOD LUCK

Chloe xxx

[chloe01]

The Court has also had occasion to rule that, contrary to the United Kingdom Government’s submission, under Article 10 of Regulation No 1408/71, neither the acquisition nor the retention of entitlement to the benefits covered by that provision may be denied on the sole ground that the person concerned does not reside in the territory of the Member State in which the institution responsible for payment is situated (Case C‑356/89 Newton [1991] ECR I‑3017, paragraph 23).

I rest my case!!

 

 

Regulation 1408/71 is a good place to start, but even now and to this day, the DWP Exportability Department will quote the 26 week rule at you and that you can only apply if you have been physically living in the UK for 26/52 before you can apply for DLA Care. They are still burying their heads in the ground. But when we threatened them with sending my case papers to the Director of Public Prosecutions they soon sat up and took notice. You may also be aware that the Mobility component is currently not available to export/apply for outside the UK.

 

As an added note, when I spoke to the Exportability Department a few weeks back, and as soon as they found out it was me calling. I was spoken to like a piece of Sh@t that was stuck to the bottom of their shoe. I asked for the surname of whom I was talking to and was given the reply "I am not a liberty to divulge that information" if you can believe that. I was upset, but Mr Burrage (my representative) emailed me and said that he well expected this from them as he had certainly stirred up a hornets nest in that department with my case. I was that angry that I told the lady I was taping the telephone conversation and she went mad at me and told me that I should of informed her of this beforehand. I would not even have bothered to have said anything if I was treated in a more respectful way. I am now spoken to, if I need to ring, with a lot more respect, in fact I was convenienced that I had mis-dialled and phone the Samaritans instead of the DWP.

 

Anyway I will update you on my 2007 appeal as and when I received any news.

 

Take care

 

xx

[chloe01]

Hello bernipage,

 

I sent a copy of your posts to Mr David Burrage and have copied and pasted a reply from him to help you. He has invited you to Google he´s name. I hope this helps with your fight.

 

The ECJ case upon which the applicant for AA can fully rely is Stewart C-503/09 of 21/07/2011 which reinforced the earlier rulings in joined cases of Giletti C-379/85, C-381/85,and 93/86.at paragraph 15. Camera C-92//81 at paragraph 14 and Newton C-356/89 at its paragraph 15. They all relate to the proper effect of Article 10((1) of EU Regulation EC 1408/71, which was replaced by Article 7 of the basic Regulation EC 883/04 as of 01/05/2010. That is provided the applicant has a connection with the UK's social security system by way of either former residence, employment, NI credits, or is in receipt of a UK State old-age pension or any combination of those and that they have not triggered the social security system of another State. The lady will need to provide medical evidence in support of her claim.

 

The DWP are currently playing their same old game when failing to immediately recognise the rulings of the Court of Justice and as we did in case C-299/05 of 18/10/2007 we will shortly be demanding that the Commission open a further infringement against the UK. Invite them to Google David R. Burrage.

Edited November 23, 2011 by chloe01
undisclosed information posted my error

[Lilly_Monroe]

Chloe although this does not apply to me as such - I just wanted to say 'well done' and it does show what sticking to your guns and fighting for your rights can achieve.

 

Well done you, and to those you are helping.

 

Lilly

[chloe01]

Chloe although this does not apply to me as such - I just wanted to say 'well done' and it does show what sticking to your guns and fighting for your rights can achieve.

 

Well done you, and to those you are helping.

 

Lilly

 

 

Thank you Lilly for your very kind words. I will try and pass on as much information as I can to help others as it is impossible to fight the DWP on your own without the necessary knowledge. x

[chloe01]

Chloe although this does not apply to me as such - I just wanted to say 'well done' and it does show what sticking to your guns and fighting for your rights can achieve.

 

Well done you, and to those you are helping.

 

Lilly

 

 

Thank you Lilly for your very kind words. I will try and pass on as much information as I can to help others as it is impossible to fight the DWP on your own without the necessary knowledge. x

[bernipage]

Ithink you did well to actually get a phone number for the exportability team! I could not find one anywhere.

I have of course e mailed them and they will get back to me in due course...........

I thank you for your referral to your ADVISOR. and I will e mail him. My neighbour has lived in the UK all her life, until 13 years ago, when they moved to Austria.

She paid her NI contributions all her working life in the UK and receives a pension from the UK.

Where do i go from here? She has sent off her claim for AA, must we wait for it to be rejected or should I

be doing something now?

It is unfair that because she chose to move abroad, she is penalised.

What happened to the European Union principles eh? Only when it suits I think!

Edited November 23, 2011 by bernipage

[chloe01]

Ithink you did well to actually get a phone number for the exportability team! I could not find one anywhere.

I have of course e mailed them and they will get back to me in due course...........

I thank you for your referral to your ADVISOR. and I will e mail him. My neighbour has lived in the UK all her life, until 13 years ago, when they moved to Austria.

She paid her NI contributions all her working life in the UK and receives a pension from the UK.

Where do i go from here? She has sent off her claim for AA, must we wait for it to be rejected or should I

be doing something now?

It is unfair that because she chose to move abroad, she is penalised.

What happened to the European Union principles eh? Only when it suits I think!

 

The direct telephone number to the Exportability Department is 0044 125 333 7231. 0044 is the dialling code from Spain to the UK so I am not sure which number prefix you would use. But this will get you straight to the Exportability Department. I see you already have their email address.

 

On what to do next, I have a suggestion, that you forward this post to my advisor and see what he comes back with. I do not pretend to be an expert in such matters, but have picked up a few tips and tricks, so to say, along the way. But Mr Burrage will be the best person to advise you.

 

Hope this helps a bit.

 

Chloe xx