New Claim for DLA from Spain

can you send me an email to and I can help you.

Edited by moderator. E-mail address removed for security reasons.


Dave wrote:

Max wrote:

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

DLA is not awarded to give you money to live on, its for extra costs, of being disabled so having that of any part of a legal case in respect of EU law would not work .... what rights have you to spanish benefits ? as the DWP would argue that as IB is stopped as esa comes in they are doing there legal duty in giving people in the UK benefits .....

you ask for help in dealing with this, but i cant think of anyway you can win this long standing argument... a search of the ex pat forums will show you many threads where people have tried for years to get dla overseas with little luck and of course the other big talking point on ex pat forums is,,, why is my pension not idex linked in country a but is in B

Hello Costa,

If you still need help please send me an email. This is not my real name but I will get the email and I will be able to definately help you and point you in the right direction.

Moderators edit: e-mail address removed for security reasons.


Costa wrote:

Hi
I am in the same position. I applied for DLA before the new ruling and was turned down on the 26 weeks rule. I have applied since the ruling and once again been told that the 26 weeks rule still applies ie I should have been in the uk for 26 out of the previous 52 in order to put in a new claim. They are only looking at people who were in receipt of DLA when then moved to Spain and lost this benefit on their move. My husband recently suffered a stroke and was also refused DLA under this ruling. Good luck with the appeal.
Wendy

forgot to say the renewal letter I received from IB says "people with certain disabilities or severe illnesses are treated as incapable of work do not have to satisfy the test.

As you have one of these disabilities ir illnesses, you are treated as incapable of work.

So maybe thats why I have not been given a renewal date.

Hello Dave,

My IB review letter states
People in certain disabilities or severe illnesses are treated as incapable of work and do not have to satisfy the test.

As you have one of these disabilities or illnesses, you are treated as incapable of work. So not sure about going over to ESA. Think I will maybe have to ring them as check.

goldensyrup wrote:

Hello Dave,

My IB review letter states
People in certain disabilities or severe illnesses are treated as incapable of work and do not have to satisfy the test.

As you have one of these disabilities or illnesses, you are treated as incapable of work. So not sure about going over to ESA. Think I will maybe have to ring them as check.

I can answer this question I too have a problem which is listed as exempting me from IB50s I only got this added last year been on IB for myears but as I got sicker I have joined the exempt group

my IB is so old its tax free and because of a war pension has other conditions with it, I spoke with my MP start of the year about it, and got some answers and a phone call from someone senior at the DWP I was told like everyone else I will be moved to ESA and under the rules very few people are exempt the ESA50 test ... if I have to fill one in will be decided when my file is pulled and someone looks at it before calling me.

One of my questions was whne will I move as one story going around is exempt are being moved first, I was told this is not so and it could be years before I get an ESA50 or a phone call to say I have just been moved

I´m not sure either when I will be moved as I live in Spain and I have been told by IB that I will be one of the last to be moved.

What exactly is ESA, is it different from IB, i.e amount you get etc. Obviously I can not go to any work related interviews or whatever they are called, not just because I live in Spain but because I am in that group