New Claim for DLA from Spain

I applied for DLA in 2007 after moving to Spain in 2006. I am receipt of Long-Term Incapacity Benefit since 1996 and exported this to Spain, along with my CTC and CB with no problems.

My claim was rejected due to the 26 week ruleing. I appealed again on being a "dependent" on a family worker in the UK. This was refered to the Policy Department and the Lawyers Department of the DWP. Again claim was turned down. I have since appealed on the fact that "I am an insured person in my own right through LTIB, which I base my claim for DLA on the same condition.

After receiving details of Judge John Mesher of the European Parliament judging that NEW claims should be allowed to be made after moving from EEU is why I decided to apply.

The ruleing reads as follows -

The Ruleing is a follows from Judge John Mesher.

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.

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

My claim is still with the Decision maker who is preparing my appeal submission. My "written statement of reasons" was posted on 5th May, which I am still waiting for. I am also waiting for the copy of the DWP´s submission and for my claim to be sent to first-tear tribunal. I have prepared my appeal, which due to my illness will have to be a paper appeal.

I have sent a letter of complaint to my former MP when I lived in UK and also to the European Commission. I also decided at the last minute to email a copy to the Exportability Department.

I was told today that claim was still being prepared by the DM.

Can anyone offer me any advice on this? Also now that Cameron is at Number 10. I have read that he will not abide to any new ruleing from the EEU.

When I email or telephone the Exportability Department, the excuse offered to me about my case being complicated is merely a spurious excuse.

Hope someone can help me.

Thank you

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

Hi Wendy,

Is your claim for DLA going to Appeal?

I have also sent a letter of complaint to my MP where I used to live in the UK and also a letter of complaint to the Customer Services Depatment at the DWP.

Are you just going to leave your claim and accept the refusal? Did the Exportability Department say that you was entitled to an appeal, I am sure that most claims should be allowed to go to appeal.

Hope you husband is feeling better now.

Speak to you soon.

Goldensyrup

Can anyone answer this. If my DLA claim was turned down because I moved to Spain then applied for DLA as a NEW CLAIM and did not obviously satisfy the 26 week rule, and also failed under the "dependency of a UK worker" rule and have now baSed my DLA claim on the fact that I am in receipt of LTIB.

WHY would the DWP even consider sending my claim to Appeal. Which they are doing as like I said before it is being prepared by the DM at the moment (well that is what they keep saying to me) and I am waiting for the DWP´s submission.

If DWP think they are so certain that I have no change of winning my appeal (which has to be a paper hearing), and they are right, then WHY are they preparing my claim.

Is it everyones right to be able to request an appeal or can the DWP deny this if they think they are certain that this would be a waste of the Tribunal time. I know that the Tribunal are getting pretty fed up with claims being sent to them when they have no chance of winning and believe that the DWP should not have sent them to begin with. So as my claim is going to appeal do you think I stand a chance on winning?

Just wondered how the new Coalition will affect my IB which I have been in receipt of since 1998 and exported to Spain?

Also I now have the help of two legal advisors
Mr David R Burrage and Mr Peter Woodall from British Expats Association Spain.

I have given them permission to ask any questions they need to know regarding my DLA claim from the DWP.

My claim is STILL with the Decision Maker, what a joke. I have been advised to email the DWP and tell them that there is no reason why they can´t send a PHOTOCOPY of my appeal submission, as they should have all the details necessary, so that it can be logged at the Tribunal Office. I don´t know why they are still with-holding my claim as in their own words, whcih was in response to a complaints letter I sent them "they have been working closely with the Policy and Law Departments of the DWP.

Does anyone have any ideas why DWP won´t send my appeal forward because the "complex" excuse has worn a bit thin now.

Does it have anything to do with the new Coalition.

I also asked my legal advisors about Judge John Mesher judgement and received this reply.

The U.K. Government cannot, themselves, get the infringement closed. What David is saying is that if the Government do not want to have to face
The European Court of Justice, then they need to convince the E.U. that they have remedied the breaches of law or regulation as referred to in the
infringement proceedings. Once the E.U. are convinced that the U.K. are now fully adhering to that specific law or regulation, they will close the infringement.

Does anyone have any comments on the above.

Thank you

GS x

Hello, I have not written for a while but I have some news regarding my DLA claim made in 2007.

I have copied the email I received below. I would like to ask if anyone has any suggestion as to why the DWP will not be sending anyone to the hearing from their department. It will all become clearer from the email.

Ms H has written to your representative to tell him that your appeal will be heard during October. When I spoke to you yesterday I was under the impression that you would be attending a hearing and therefore would receive a notification letter from us about the date your appeal would be heard.

I have now been informed by Ms H that we have received information from your representative, stating that neither you nor he will be attending the hearing in England of your appeal. As DWP have confirmed that there will not be anyone from the Department attending, Judge J has agreed to make a decision on your appeal at short notice during October. I am unable to give a specific date as this will depend on Judge J's availability and work load. If we were to specify a particular date for a hearing your appeal would not be heard until late November/December.

As soon as a decision has been made you and your representative will been sent a copy of the decision notice.

Mod edit: Please do not post names of individuals