New Claim for DLA from Spain

So far as I am aware, this is not the first claim of its type, but this is a very contentious area of law. The whole issue of whom this country pays benefits to is a political issue as well as a legal issue touching on the government's relationship with key parts of its electorate and between the UK and Europe. This is why I have suggested that you should be aware that the DWP may appeal if you win the case.

Thank you again for your reply. B

thank you for your reply.

But I thought that if the tribunal decide to overturn the DWP´s decision then that was it. I was not aware that the DWP could still appeal the final decision of the trinunal.

Yes, the DWP can appeal, as can you, on points of law. If the appeal hangs purely on a question of fact such as how far you can walk or whether you need supervision to stop you harming yourself, then the decision cannot be appealed if either party is not happy with the tribunal's finding of fact, but either party can appeal if they believe that there is an error of law, such as whether the benefit can be paid to claimants claiming from or living outside the UK. From the Upper Tribunal, it can go to the Court of Appeal and so on.

OK thank you, I will keep you updated if you wish.

I have read this with interest. I could live abroad where I would have a better quality of live but ESA is NOT exportable IB was but NOT ESA. DLA is only exportable on the care component - which doesn't give me enough to live on.
I am sure this against EU law but they are getting away with It!!!!
If anyone can direct me to how to deal with this