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

[ErikaPNP]

It's extremely hard to say. Each CAB office differs dramatically. Whilst some are a godsend, others I have come across appear to have given out incorrect information to customers.

 

However, if they are forwarding it to their specialist services, one would assume this would be a branch which has suitably trained welfare rights officers who would be able to fight your case.

 

Appeals do tend to be more successful when a representative is present and I have to say that if CAB were not confident in your case, they would not offer representation. Due to funding restrictions, they will not take on case work where they are uncertain of the laws relating to the case - they would only provide general advise.

 

It's better to be represented because as you cannot be there, your representative will be able to challenge matters which crop up, on your behalf. The real reason oral appeals are more successful than paper appeals are because with an oral appeal there is opportunity for clarification and challenge. With a paper appeal, these options are much more limited.

[chloe01]

It's extremely hard to say. Each CAB office differs dramatically. Whilst some are a godsend, others I have come across appear to have given out incorrect information to customers.

 

However, if they are forwarding it to their specialist services, one would assume this would be a branch which has suitably trained welfare rights officers who would be able to fight your case.

 

Appeals do tend to be more successful when a representative is present and I have to say that if CAB were not confident in your case, they would not offer representation. Due to funding restrictions, they will not take on case work where they are uncertain of the laws relating to the case - they would only provide general advise.

 

It's better to be represented because as you cannot be there, your representative will be able to challenge matters which crop up, on your behalf. The real reason oral appeals are more successful than paper appeals are because with an oral appeal there is opportunity for clarification and challenge. With a paper appeal, these options are much more limited.

 

Hi Erika,

 

This is the email I received back in July 2008, so I assume that your suggestion that they think my case is worth pursuing is confirmed in this email.

-------------------------------------------------

 

We have telephoned DLA, who say they are unable to give a firm timescale as to when they can/will reply to your exportability appeal. This is because of the complexities involved.

Whilst Incapacity Benefit can be exported, it appears DLA has limited or disputed exportability. There is a residency qualification of 26 weeks out of the last 52 in order to export DLA care compenent but the European Court of Justice has ruled otherwise. Official details are available at www.direct.gov.uk.

The above information is provided by Child Poverty Action Group Benefits Handbook 2009/10 pages 1453 - 55.

As the complexity of this matter is beyond our scope to advise, we propose to refer to our Specialist Services when the DWP submission is available.

[ErikaPNP]

Yes, definately Golden syrpup. I'd say this would be a good way forward.

[chloe01]

Yes, definately Golden syrpup. I'd say this would be a good way forward.

 

Erika,

 

Sorry just one question it says in the email from CAB

 

"We propose to refer to our Specialist Services when the DWP submission is available"

Does this mean that the CAB will just be contacting them to confirm specific information. Or does it mean that CAB will ask someone from the Specialist Services to represent me at Tribunal? What is your opinion on this, as the CAB are the ones that quoted the relevant EU Commission law I am basing my claim on, so like you said they must think my claim has a good chance.

Thank you

[ErikaPNP]

I think you'd need to ask CAB that question to be honest. They may mean simply consulting with their specialists to prepare your submission to the tribunal or they may mean full representation.

[chloe01]

Hi Erika,

 

This is the email I received back in July 2008, so I assume that your suggestion that they think my case is worth pursuing is confirmed in this email.

-------------------------------------------------

 

We have telephoned DLA, who say they are unable to give a firm timescale as to when they can/will reply to your exportability appeal. This is because of the complexities involved.

 

Whilst Incapacity Benefit can be exported, it appears DLA has limited or disputed exportability. There is a residency qualification of 26 weeks out of the last 52 in order to export DLA care compenent but the European Court of Justice has ruled otherwise. Official details are available at www.direct.gov.uk.

 

The above information is provided by Child Poverty Action Group Benefits Handbook 2009/10 pages 1453 - 55.

 

As the complexity of this matter is beyond our scope to advise, we propose to refer to our Specialist Services when the DWP submission is available.

 

Erika, do you think this email is just suggesting that the CAB will approach the Specialist Services for information. Or does it suggest to you that they will forward my case to them, so that they can represent me at Tribunal?

 

Thank you.

[chloe01]

I think you'd need to ask CAB that question to be honest. They may mean simply consulting with their specialists to prepare your submission to the tribunal or they may mean full representation.

 

Sorry Erika,

 

Did not see this answer

 

x

[chloe01]

Can anyone shed any light on the following.

 

When the DWPs submission is sent to Tribunal. Is it based purely on the last reason for refusal and the panel will concentrate only on this and not take into account the whole picture?

 

Or, will the panel look at my appeal, as a whole, from when I first applied and everything in between. As this is what I have included in MY submission.

 

Thank you

[paulb1310]

The Tribunal will consider evidence up till and including the date of decision. Their job is to take a fresh look at everything so they will look at what you write, listen to what you say and weigh everything up to find the facts to make their decision.

[chloe01]

The Tribunal will consider evidence up till and including the date of decision. Their job is to take a fresh look at everything so they will look at what you write, listen to what you say and weigh everything up to find the facts to make their decision.

 

Thank you for your reply.

 

Mine will have to be a "paper appeal", unless someone from the CAB Specialist Services can represent me.

 

I have been advised that they don´t normally represent someone who is now living out of their area, I can´t get much further, I live in Spain now. But as they have been helping me from the beginning of my claim in 2008, I moved to Spain in 2006. It may be possible that they can represent me.

 

I will know more tomorrow as the benefits man is back in the office.

[chloe01]

Hello,

 

Can you tell me what is the difference between Appeal and Tribunal?

 

My DLA claim was looked at by DM (is this appeal), which was turned down twice.

 

The DWP are now sending their Submission to Tribunal in Sutton and a copy to me.

 

So am I still appealing??????? or is it the same.

 

Sorry if this sounds confusing:confused:

[paulb1310]

It always sounds confusing. The "appeal" is your dispute against the decision. The decision maker has looked at the reasons why you disagree with his/her decision but feels the decision is still correct. So the appeal is "moved on" for a Tribunal to look at the reasons why you disagree with the decision. So yes, you are still appealing but the matter is now out of the hands of the DWP and with the Tribunals Service. If you get any evidence which could change the decision you can still send it to the decision maker and they can still change their minds any time up to the day the Tribunal looks at the appeal. Hope this helps.

[chloe01]

It always sounds confusing. The "appeal" is your dispute against the decision. The decision maker has looked at the reasons why you disagree with his/her decision but feels the decision is still correct. So the appeal is "moved on" for a Tribunal to look at the reasons why you disagree with the decision. So yes, you are still appealing but the matter is now out of the hands of the DWP and with the Tribunals Service. If you get any evidence which could change the decision you can still send it to the decision maker and they can still change their minds any time up to the day the Tribunal looks at the appeal. Hope this helps.

 

Yes, that you for your reply. It makes things clearer now.

 

Do I assume that the Tribunal look at all the evidence that I submit in my own appeal that I have prepared and will forward to the Tribunal and not just things to do with the last reason for refusal.

 

The last reason for refusal was based on "dependency", but I made it clear to the Expo DLA Dept, via fax which was acknowledged by return fax that I base my appeal on "being an insured person in my own right due to being in receipt of LTIB and also that the UK are not complying with the 26 week rule as setout by the EEC Commission of Law.

 

I asked them to make sure that this is what the "Title" of my appeal should be called. The Liverpool Tribunal have received the DWP´s submission and I am waiting for my copy.

[chloe01]

Hello,

 

This is probably one for Erika,

 

I received this email from CAB who have been in touch with Tribunal at Liverpool (they deal with all "exportable" cases, who now have the DWP´s submission, although not mine, as I am awaiting for the standard Tribunal form to arrive which I will attach to my DLA submission and send to Liverpool.

 

This is the email that I received below

 

CAB has telephoned Tribunals Sutton who referred him to Tribunals Liverpool. they confirmed that a standard enquiry form is in the post to you and should be completed and returned as soon as possible. You should state that you want your appeal against the disallowance of your actual claim for DLA (not the exportability issue) to be held "locally".

 

Helen informs us that initially a Judge at the Blackpool Tribunal will decide on the exportability issue. She is optimistic that, with regard to the exportability of care component, there is a reasonable chance of a favourable result. Any claim for mobility is open to doubt as it has not been accepted as exportable, but this is being challenged. We do not know whether this will affect you.

 

Now, what I am not sure about is, because mine is a BRAND NEW CLAIM APPLIED FOR FROM SPAIN is the person from Tribunal Liverpool assuming that my DLA is a re-instatement claim (which we all know is now exportable i.e from UK to Spain etc). If so, I would have thought that when the CAB telephoned Tribunal they would have explained about my DLA claim being new.

 

Am I also to assume that the Judge at Tribunal in Liverpool will have all the current Regulations and Laws to refer to i.e from the EEC Regulation that states NEW claims can be applied for outside the UK in another EEU country

 

 

This is one of the regulations that is included in my DLA appeal

 

With regards to any past presence criterion of having been present in the UK for 26 weeks in the previous 52 weeks violates Article 10a (2) of Council Regulations 1408/71 and Article 6 of the new Basic Regulation 883/04 which replaced the former regulations dated 01/05/2010 and further where it sets out:

 

This means that a person may make a claim for any of the relevant benefits, even where the circumstances which give rise to such a claim occurred in another relevant State, providing the UK remains the competant State. In other words you have not triggered the legislation of another relevant State by some economic activity e.g with you, your spouse or partner working in another EEA State.

 

Further you should be aware that the infringement proceedings remain open against the UK and unless they withdraw this criterion they will be brought before the E.C.J.

 

 

The UK are acting in breach of Article 10a (10) of Council Regulation 1408/71 and now, as May 2010, Article 6 of Regulation 883/2004.

 

"And as the UK are also still refusing to recognise Community law with regard to their unlawful imposition of their past presence 26/52 week rule and for that reason the infringement remains on-going against the UK"

 

And thats just ONE LAW.

 

 

:confused::confused:

Edited June 4, 2010 by goldensyrup

[ErikaPNP]

They should be aware that the claim was a new claim as they will have everything used to make the decision from the DWP submission. If they thought otherwise then yes, CAB should have put them right.

 

In consideration of your appeal, the chairperson (the "judge") will have to refer to the relevant legislation in regard to the grounds for appeal in addition to any other legislation which would apply to your claim.

 

The tribunal's role is not to decide if a decision is fair or unfair, or whether the law is fair or unfair - they are there specifically to decide if the law has been applied correctly to the facts of your claim, thus they will be looking specifically at the relevant legislation.

[chloe01]

They should be aware that the claim was a new claim as they will have everything used to make the decision from the DWP submission. If they thought otherwise then yes, CAB should have put them right.

 

In consideration of your appeal, the chairperson (the "judge") will have to refer to the relevant legislation in regard to the grounds for appeal in addition to any other legislation which would apply to your claim.

 

The tribunal's role is not to decide if a decision is fair or unfair, or whether the law is fair or unfair - they are there specifically to decide if the law has been applied correctly to the facts of your claim, thus they will be looking specifically at the relevant legislation.

 

I am so sorry to fry your brain tonight, the Bi-polar Express has kicked into manic stage, but I have to get this clear in my mind as the anxiety monster is fast approaching.

 

Question 1 when I was applying as a "Dependant"

 

The UK is my competant State, as they pay my LTIB since 1996, CTC and CB. My ex-husband works in Spain and pays into the Spanish system, but I DON´T, plus he does not live with myself or my children. So would this apply to the legislation (please refer to regulation, in red above), as we are not together and split up a long time back. I remember now that when I was trying to apply as a dependent on a UK worker (father), they asked for a breakdown on income and expenses.

 

My legal advisors told me to send this response, which refers to the email from Expo below

 

"The information requested has nothing whatsoever to do with any disability, since that depends entirely upon Lisa´s medical condition which gives rise to such a claim"

 

Dear Miss Gowan

 

We have been asked to obtain some more information about your situation to help prepare the appeal documents. Please can you ask the following questions

1) What is your current marital status, are you formally divorced or separated?

2) Please can you confirm the address that Mr Gowan is living at? 3) Is Mr Gowan working? If so can you provide the details of his employer?

 

But before I received this advice fron Legal Advisor, I emailed answers to the Expo request giving he´s address, self-employed worker and not officially divorced, but seperated.

 

So will hes competant State affect me with regards to the Ruleing in red?

 

Question 2 - applying for DLA as an Insured person in my own right through LTIB

The bit I don´t understand is that Tribunal in Liverpool are saying that DWP´s submission will be seen by Judge at Liverpool to determine if claim is exportable. As I said re-instated claims are exportable but there is still some controversary on new claims made from outside UK (i.e mine). Refer to on-going Legislation I outlined before.

 

So when the Tribunal Judge receive my own personal submission does the Judge in Liverpool wait to look at both the Submissions i.e mine and DWP´s. Then check the law relating to the claim? Does he work like a normal Tribunal panel with others, or does he work alone, as seems to be suggested by Tribunal Liverpool, as this is what he specialises in.

 

If he believes that the law is on my side, will he be able to make a decision on paper appeal only in my favour?

 

If he decides that the law can not be applied to my claim in my favour does it stop there and not go to local appeal. Or if it does apply in my favour will my claim still have to go to Tribunal nearer to where, hopefully the CAB are located, so they attend as representatives.

 

Sorry for all the questions, but I just assumed DWP sent their submission, I send mine, Tribunal decide a date either paper or oral, a decision is made by Tribunal panel, end of. But now with being told that the Judge in Liverpool has to check claim first to see if it is "exportable", that has confused me, as like I said before only re-instatement claims are currently being allowed to be exported or when people lost their claims they had been receiving and relocated to another eu country.

 

So when the Judge reads the Regulations and laws made by the EEU is that when he decides if my claim is OK to go to local Tribunal or like I said can he decide for himself.

 

If he decides it is "exportable" after applyig the law, will it still need to go to local tribunal.

 

I am so sorry to sound so think, but this has thrown me some-what

 

Thank you

Edited June 4, 2010 by goldensyrup

[chloe01]

They should be aware that the claim was a new claim as they will have everything used to make the decision from the DWP submission. If they thought otherwise then yes, CAB should have put them right.

 

In consideration of your appeal, the chairperson (the "judge") will have to refer to the relevant legislation in regard to the grounds for appeal in addition to any other legislation which would apply to your claim.

 

The tribunal's role is not to decide if a decision is fair or unfair, or whether the law is fair or unfair - they are there specifically to decide if the law has been applied correctly to the facts of your claim, thus they will be looking specifically at the relevant legislation.

 

Hi again Erika,

 

Have you heard this and if so where it was information passed to me by Disabled Data Link Group (DDLG)

 

As the law, is the law, it can only be a negative result for you, unless the judge wants to go out on a limb and decides that EU law must take precedent over UK law. That said, the government have said that they will comply with current EU directives.

 

Thank you

[chloe01]

Hi again Erika,

 

Have you heard this and if so where it was information passed to me by Disabled Data Link Group (DDLG)

 

As the law, is the law, it can only be a negative result for you, unless the judge wants to go out on a limb and decides that EU law must take precedent over UK law. That said, the government have said that they will comply with current EU directives.

 

Thank you

 

Update, if anyone is following pervious postings.

 

Email received from my legal advisor

 

My understanding of your situation is that you have been attempting to make a fresh claim for DLA.

Your usage of the expression exportability on your papers is erroneous

The same Articles 10a 0f 1408/71 and 6 of 883/04 apply to reinstatement and to fresh claims, although the DWP are not currently applying the law, however the Tribunal is obliged to.

Send me a copy of the DWP defence submission once you have received

[chloe01]

I am so sorry to fry your brain tonight, the Bi-polar Express has kicked into manic stage, but I have to get this clear in my mind as the anxiety monster is fast approaching.

 

Question 1 when I was applying as a "Dependant"

 

The UK is my competant State, as they pay my LTIB since 1996, CTC and CB. My ex-husband works in Spain and pays into the Spanish system, but I DON´T, plus he does not live with myself or my children. So would this apply to the legislation (please refer to regulation, in red above), as we are not together and split up a long time back. I remember now that when I was trying to apply as a dependent on a UK worker (father), they asked for a breakdown on income and expenses.

 

My legal advisors told me to send this response, which refers to the email from Expo below

 

"The information requested has nothing whatsoever to do with any disability, since that depends entirely upon Lisa´s medical condition which gives rise to such a claim"

 

Dear Miss Gowan

 

We have been asked to obtain some more information about your situation to help prepare the appeal documents. Please can you ask the following questions

1) What is your current marital status, are you formally divorced or separated?

2) Please can you confirm the address that Mr Gowan is living at? 3) Is Mr Gowan working? If so can you provide the details of his employer?

 

But before I received this advice fron Legal Advisor, I emailed answers to the Expo request giving he´s address, self-employed worker and not officially divorced, but seperated.

 

So will hes competant State affect me with regards to the Ruleing in red?

 

Question 2 - applying for DLA as an Insured person in my own right through LTIB

The bit I don´t understand is that Tribunal in Liverpool are saying that DWP´s submission will be seen by Judge at Liverpool to determine if claim is exportable. As I said re-instated claims are exportable but there is still some controversary on new claims made from outside UK (i.e mine). Refer to on-going Legislation I outlined before.

 

So when the Tribunal Judge receive my own personal submission does the Judge in Liverpool wait to look at both the Submissions i.e mine and DWP´s. Then check the law relating to the claim? Does he work like a normal Tribunal panel with others, or does he work alone, as seems to be suggested by Tribunal Liverpool, as this is what he specialises in.

 

If he believes that the law is on my side, will he be able to make a decision on paper appeal only in my favour?

 

If he decides that the law can not be applied to my claim in my favour does it stop there and not go to local appeal. Or if it does apply in my favour will my claim still have to go to Tribunal nearer to where, hopefully the CAB are located, so they attend as representatives.

 

Sorry for all the questions, but I just assumed DWP sent their submission, I send mine, Tribunal decide a date either paper or oral, a decision is made by Tribunal panel, end of. But now with being told that the Judge in Liverpool has to check claim first to see if it is "exportable", that has confused me, as like I said before only re-instatement claims are currently being allowed to be exported or when people lost their claims they had been receiving and relocated to another eu country.

 

So when the Judge reads the Regulations and laws made by the EEU is that when he decides if my claim is OK to go to local Tribunal or like I said can he decide for himself.

 

If he decides it is "exportable" after applyig the law, will it still need to go to local tribunal.

 

I am so sorry to sound so think, but this has thrown me some-what

 

Thank you

 

 

Is anyone around that can make any sense of my post above.

 

Thank you

 

GS

[chloe01]

Hello,

 

Just thought I would share this piece of information that I have just received from my Legal Advisor. It may be of help to anyone else in the same position as me. I was turned down for DLA because of the 26/52 week ruleing. I applied in February 2008.

 

I will be adding it to my Tribunal appeal.

 

Article 6 sets out Aggregation of periods "Unless otherwise provided for by this Regulation, the competent institution of a Member State whose legislation makes: — the acquisition, retention, duration or recovery of the right to benefits, — the coverage by legislation, or — the access to or the exemption from compulsory, optional continued or voluntary insurance, conditional upon the completion of periods of insurance, employment, self-employment or residence shall, to the extent necessary, take into account periods of insurance, employment, self-employment or residence completed under the legislation of any other Member State as though they were periods completed under the legislation which it applies.

 

Tribunal in Liverpool have DWP´s submission now, so am just waiting for copy of DWP´s submission and standard Tribunal form.

 

Then will take copies of everything and send Recorded Delivery.

 

All systems go!

[chloe01]

Hello, if anyone remembers I submitted a claim for DLA from Spain back in February 2008. Then, in April 2009 I was finally sent a sent a form to fill in from DLA along with a letter indicating that they were now in a position of dealing with my claim.

 

I was shocked at receiving this form after over a year of waiting and panicked.

 

I had to fill in the bit about the 26 week rule.

 

It was late in the evening when I started to try and fill in the form. I had also taken too much of my medication, Xanax which is a sedative, for my anxiety because I was in a bad (mental) state.

 

I began writing emails to DDLG who had been helping me from the beginning. Together we were trying to work out dates, as I could not think straight and the form had to be returned soon as possible.

 

Now the problem is I sent these email to Exportability by mistake, instead of DDLG. After realising what I had done, I immedicately sent an email explaining my frame of mind and asking if they could disregard them. And the next day my carer also sent an email explaining that I was very anxious. panicked, took too much medication etc.

 

Example of emails I sent.........

 

Email From DDLG

The choice is really yours, according to your circumstances. If for example, you can feel assured that relatives and friends in the UK can and will verify that you have spent time in the UK from now back to 26/02/08, you may be ok.

 

And others along those lines......

 

I replied

 

"that is not a problem doing this my parents would confirm this. I don´t like to lie but this is just a little white one, just to get over DWP´s ever changing rules and their LITTLE WHITE LIES.

 

another example -

 

"I think if I put I was in the UK with parents from June 2007 and came back December 2007, that would be 28 weeks before claim on 26th February 2008.

 

There were a few other emails, along those lines, all regarding trying to work out dates.

 

Now, a year later, I have received the DWPs submission, and of course they have included these email, along with the one I sent to apologise (which I emailed the same night), plus one from my carer the next day.

 

I have not sent my own submission as yet, as I am waiting for my legal advisor Mr David R Burrage, who has made an exception in my case, as he does not usually work with individual cases. He had kindly been helping me with my appeal, I sent him my appeal to look over and am waiting for hes reply as he has suggested a few changes to tidy it up.

 

He also asked me to scan and send him the DWP´s submission (obviously without the attachments, 380 pages).

 

I have been worry about the emails that I sent over a year ago to DLA. So I have scanned them, as well as the emails apologising and explaining the situation. I do not want to hide anything from him. And to honest, I had totally forgotten about them.

 

I have pulled out the "offending" emails from the DWPs submission and have added them to my submission with a personal letter to the Judge at Tribunal in Liverpool, attaching the emails. I wanted to bring these emails to hes attention and point them out to him, and not ignore them.

 

If these emails would have cause a problem, and as it was such a long time ago. Do you think that the DLA would have put a hold on my DLA claim, once they had received them. Maybe saying pending further investigation. I did not hear, and still haven´t to date, had these emails brought (hence forgetting about the), until, like I said they came to light in the DWPs submission.

 

Do you think I have done the right thing in making the Judge at Tribunal aware that I know I have made a mistake.

 

I really am not trying to hide anything and it was a genuine mistake as the 26 weeks rule is so complicated with regards to New Claims from Spain. And I was getting in such a state trying to work out dates and not thinking straight at all, hence emailing them to DLA instead of DDLG.

 

My carer did telephone the DLA the next day to explain in person the situation that arose to this mistake and was told not to worry as`people get confused with filling in the forms´.

 

But now I have seen them in the DWP´s submission I have again panicked. Do you think I am worrying unduly, as like I said I am sure the DLA would have put a stop to my claim and investigated further.

 

I did eventually managed, with the help from my carer, email with DLA with the correct date, and hence failed on the 26 week rule.

 

The DWP´s submission is now with the Tribunal in Liverpool and they are waiting for my submission to be sent, but like I said I am waiting for my legal advisor to advise. I have also sent these emails to the CAB who have also been helping me explaining the situation.

 

Due to my mental health, I do have a tendency to rush things and get them over with asap, so that my anxiety does not escolate into a full blown panic attack. And so was not concentrating because of the medication.

 

Do you think it will be OK. As I have tried to rectify this. And am sure, like I said, if there was a real problem my claim would have been put on hold and not progressed, another 1 1/2 years to Tribunal stage. And also bearing in mind, that inbetween when these emails were sent in 2009 and to-date the DLA have been trying to work out what "dependency" means with their Lawyers and Policy department. As this is what I appealed on as a reconsideration, but this failed, as I the DLA could not determine if I was a dependant or not. I have since been told by my legal advisor that there was no need to justify this "dependency". So he has told me to appeal to the Tribunal along the lines that "the UK can not defend their refusal of the 26 week rule that was thrown out by Judge Mesher from Upper Tribunal and now has a Regulation in place.

 

I received a brief email yesterday from legal advisor, saying that he had briefly looked throught DWP´s submission and that they could not defend their refusal of the 26 week rule. And after I received this I scanned and sent the "mistaken" emails and covering letter to see what he thinks.

 

I am sorry this is a long posting.

 

Hope someone can help.

[saintly_1]

Threads merged please keep to just one thread for a subject.

 

 

Thanks

[chloe01]

Threads merged please keep to just one thread for a subject.

 

 

Thanks

 

Sorry, thank you

[chloe01]

Regarding my very long previous post. I sent the same to

David R. Burrage, my legal advisor and have just received this email back.

 

He at the moment is going through the DWPs submission which he has asked me to scan to him. (I will keep anyone interested up-to-date with any further news.

 

He writes....

 

Dear ..............,

 

Stop worrying. You now have plenty of time, so allow me to go through your papers.

 

You will get DLA.

 

I will contact you very shortly with my observations, and it appears the DWP have in fact shot themselves in the foot.

 

Forget the past presence criterion, since the UK are now under threat of being hauled before the ECJ. You have been dealing with others who are not properly qualified to give you advice.

 

Regards, David

[honeybee13]

Sounds good to me. HB x