New Claim for DLA from Spain

Hi Rosered
No, as I understand it at the moment, after trawling through pages of the INSS websites, you can only do this if you paid into the Spanish system in your own right, not by receiving a benefit from the UK system. Even though I get full medical care in Spain this is only by virtue of my IB/ESA from England, not from working here in Spain and paying into the Spanish system. Good point though. It seems that each country interprets the EU rules to fit their own policies and we are left this this chaos! Unfortunately I did not know I could be entitled to DLA before I left England, never having been in a position where I needed to apply for benefits before. If I had been in receipt of it before I left I would have been allowed to export the benefit.

Rosered wrote:

Sorry if this sounds stupid but as Spain is part of the EU can you not claim the equivilant of DLA from the Spanish Government if you can not claim it from the EU.

I ask as didn't the EU make a recent ruling to say that the British Government could not refuse benefits to workers from Europe.

Sorry to interupt here , but I tend to agree that possibly dealing with an other EU country for a welfare or medical benefit seems appropriate. I think that if you are on a british benefit and leave to live abroad, and apart from an age pension , I assume the individual would apply new in the EU country , even if needing it clarified by a british DWP. I am not saying an individual should lose the DLA by going abroad, only have it reassessed abroad for them to pay it.That appears to be why foreign nationals now in the UK get all the benefits from NHS to income from DWP.
I find it hard enough to get the help I need living here from DWP,so abroad? I am sure they would take it away by the way it seems the changes are about to start soon and maybe it would be a local claim in the country of residence?

So now just received another 26 page submission not from DWP but this time they have employed a Lawyer to fight against my claim. They are now suggesting that I should not be capable of driving, should not be able to sign for a car, should not be able to sign for a mortgage BECAUSE OF THE MEDICATION I AM ON. They are sratching about now more excuses. I have seen my doctor and psychatrist and Mr B is at this moment repsonding to their latest submission.

CAN SOMEONE TELL ME IF THIS IS UNUSUAL FOR THE DWP TO SEEK ADVICE FROM A LAWYER AS TO MY DLA APPEAL.

As you may know if you have been following this sorry state of affairs this has been going on now since I first applied in February 2007. And these cat-and-mouse games are getting stupid. The DWP are tring anything and everything to refuse my claim via tribunal.

It is all in hand and my submission will be prepared this week/early next week and sent to tribunal. The DWP are tying themselves up in knots and know that they have nowhere else to go. They have been cornered but are still stubbornky refusing to recognise my claim.

I have recently received my Incapacity benefit review. All that happened was that my doctor filled in their questionnaire and I have been put in the category where I do not have to pass any types of test. This category is reserved for certain illnesses, even terminal. So the DWP do recognise that my illness is serious enough to carry on with my Incapacity Benefit.

I think the problem boils down to the fact that the DWP do not want to backdate my claim to February 2007.

The Secretary of State himself has gotten himself totally involved with all this. Again, I ask, why does he feel he needs to employ a Lawyer to deal with the appeal, are they not capable of replying to Mr B (my legal advisor) himself?

A reply would be much appreciated if anyone has any advice.

Thank you
GS

Hello, as the UK are my Competant Country then they are responsible for paying my benefits. his includes Incapacity Benefit, Child Benefit and Child Tax Credit. I have paid my N.I contributions and taxes when I was working. So, no, Spain would not be responsible for my benefits.

Re - DWP instructing a lawyer.

There might be all sorts of reasons for their instructing a lawyer, however looking back through this thread, it would seem that your claim has potentially wide repercussions in terms of European law vis-a-vis benefits, so I should imagine they want to make a good case.

Be aware that if your case may set an important legal precedent and you win, the DWP may consider appealing, so make sure you discuss all aspects of the case fully with Mr B.

If Mr B is a British legal adviser, you may wish also to take advice from a Spanish legal adviser as to the implications of any decision of the tribunal vis-a-vis your mental capacity. Given that the law on mental capacity is slightly different in different parts of the UK, it would not be surprising if it were different in Spain.

Hello thank you for your reply. Mr B lives in Spain and is the legal advisor for the British Expats Association is Spain and he knows community law inside out. He has been dealing with my appeal submissions and knows all there is to know.

The last time my appeal went to Judge J´s at Liverpool tribunal, all he wanted from Mr B was further proof that i am a dependant on a UK worker (my father who is now retired) and for the Secretary of State to explain his reasons for not accepting me under the 26 week rule and to eplain why Regulation 1408 (think thats the one)would not apply in my case. But now the S of S is questioning my medical evidence which spans 20 years. I have at this moment a letter being composed from my doctor here in Spain to explain regarding my medication and how it would not alter the fact that i can make decisions on my own. The medication does not affect the higher cognative part of the grain. The medications serve as mood stabilizers and anti/anxiety/anti-depressants to treat my BiPolar II. Going back a few submissions by Mr B, the DWP have never questioned my medical evidence as it is overwhelming and they also declined to attend the tribunal hearing. So I will wait and see what the submission contains from Mr B. They know him very well at the DWP and I have faith in his vast knowledge of the European and community law. The DWP have hardly any and just follow what they are being told to say. But unfortunately for them they are wrong and the European law in on my side.

Do you think this is the first DLA claim of it´s type, i.e NEW CLAIM MADE AFTER MOVING FROM THE UK and this is what all the fuss is about?

Thank you for your help,