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

[chloe01]

Hi everyone,

 

I applied for DLA back in February 2008 from Spain after it was announced in October 2007 that this was possible.

 

I was rejected due to the 26 week rule where you have to be physically, in person, be in the UK. This was not possible as I have two young children in full time education in Spain.

 

I appealed this decision on the bases that I am a Dependent of a Family Member who lives and works in the UK. And also the fact that I have been in receipt of Long-Term Incapacity Benefit since 1996.

 

I received an email from the Exportability Team at the DLA asking for proof of dependency, which they have now received and my claim in now with the POLICY DEPARTMENT, who apparently are the department that deals with cases that the normal department of the DLA cannot decide if a claim is OK or not.

 

I am now awaiting a response from the DLA. And if I am turned down my case will go to appeal.

 

There were a few Test Cases heard in London at the beginning of March but I think they covered existing claimants who lost their DLA when they moved from the UK. Anyway, if anyone has any news, updates or even personal experiences they would like to share with me with regards to the above I would be very interested in seeing if others are having the same problem as me.

 

Thanks for listening

[Simon7685]

I can't answer your question, hopefully someone will be along that can. In the meantime, please do not start anymore threads about this, this is the 3rd one I have read from you and they are all exactly the same. Starting numerous threads asking the same thing just fills up the main page and knocks other people who may need help down the list and that is not fair on them.

[chloe01]

I can't answer your question, hopefully someone will be along that can. In the meantime, please do not start anymore threads about this, this is the 3rd one I have read from you and they are all exactly the same. Starting numerous threads asking the same thing just fills up the main page and knocks other people who may need help down the list and that is not fair on them.

 

 

It was not done on purpose. I am new to this forum.

[honeybee13]

Goldensyrup, I don't know if this is relevant, but if you spend most of the year in Spain, are you in their tax and benefits system?

 

HB

[chloe01]

Goldensyrup, I don't know if this is relevant, but if you spend most of the year in Spain, are you in their tax and benefits system?

 

HB

 

 

Hi,

 

No I don´t work because I can´t I receive Incapacity Benefit from UK. If I was able to work then, yes, I would pay into the Spanish System.

 

I don´t know about Spanish benefits because I have never asked about it.

[chloe01]

Hi,

 

No I don´t work because I can´t I receive Incapacity Benefit from UK. If I was able to work then, yes, I would pay into the Spanish System.

 

I don´t know about Spanish benefits because I have never asked about it.

 

 

Hi HB,

 

I received a private email as below. Do you have any idea why my email would have been un-approved? I did try to reply and ask but have not received an answer.

 

Thanks

GS

 

You have received a new private message at The Consumer Forums from CAGBot, entitled "Post Un-Approved".

[honeybee13]

Sorry, I don't know what this is about. I didn't send you a PM. CAGbot is part of the site team, so maybe you posted something that wasn't appropriate earlier? You can't reply to CAGbot, it's an automated message. I wouldn't worry unduly, just keep asking what you need to know.

 

HB

[chloe01]

Hi HB

 

Thanks for your reply. This is the only post that I sent, as I am new to this forum. I did receive a message from SIMON7685 saying that I had posted my question 3 times and was knocking people of the front page. I just replied to him and said that it was not intentional as I was not sure what I was doing. But I would like to find out.

 

GS

[patrickq1]

press the red triangle and ask for erikap if she will look at your thread,if anyone should know it will be erika

patrickq1

[ErikaPNP]

Hi goldensyrup. You have started three different threads for the same query. When this happens, posts which have the exact same query by the same member are unapproved because they are duplicates.

 

To find your way around the forum and how it works, read: http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

And you will find the forum rules here

 

 

Where entitlement to benefit is unclear to the Decision Makers, for example because there doesn't appear to be clear guidance/law in reference to an aspect of a person's claim, clarification is sought from the legal and policy department of DWP who will advise the decision maker accordingly.

 

Have they specified to you why they are unable to reach their decision and what clarification it is they are seeking from policy?

[chloe01]

Hi goldensyrup. You have started three different threads for the same query. When this happens, posts which have the exact same query by the same member are unapproved because they are duplicates.

 

To find your way around the forum and how it works, read: http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

And you will find the forum rules here

 

 

Where entitlement to benefit is unclear to the Decision Makers, for example because there doesn't appear to be clear guidance/law in reference to an aspect of a person's claim, clarification is sought from the legal and policy department of DWP who will advise the decision maker accordingly.

 

Have they specified to you why they are unable to reach their decision and what clarification it is they are seeking from policy?

 

 

Hello thank you for your reply, I thought I had written something wrong.

 

With regards to your question. The Exportability Team at DLA emailed me to request evidence that I am a dependent on my father in the UK. This was sent to them and I was then advised that the Policy Department have it and are dealing with it. They have had it now for about 3 weeks. I have no idea what the hold up is, or what they are checking. Nobody can tell me at the Expo Department. Do you know if there is a direct number to the Policy Department of the DWP. I just assumed that the Policy Department was incorporated within the Expo Department and was on the same contact number.

 

Regards,

 

HB

[ErikaPNP]

They deal solely with legal and policy issues, they don't deal with claims to benefit in themselves as they do not decide your case; their position in this situation is purely advisory to the DWP in that they advise the Decision Maker of the guidance or law surrounding the area of question and the Decision Maker in DLA (or the Exportability Team) make the decision on your claim, thus there is no contact number for them in respect of your claim to DLA.

 

3 weeks is a long time so whatever the query is, it must be something in-depth; the positive way of looking at it is that DLA are doing all they can to see if they can revise the decision in your favour without the need for tribunal by seeking proper clarification on an area of law or guidance which is unclear.

[chloe01]

They deal solely with legal and policy issues, they don't deal with claims to benefit in themselves as they do not decide your case; their position in this situation is purely advisory to the DWP in that they advise the Decision Maker of the guidance or law surrounding the area of question and the Decision Maker in DLA (or the Exportability Team) make the decision on your claim, thus there is no contact number for them in respect of your claim to DLA.

 

3 weeks is a long time so whatever the query is, it must be something in-depth; the positive way of looking at it is that DLA are doing all they can to see if they can revise the decision in your favour without the need for tribunal by seeking proper clarification on an area of law or guidance which is unclear.

 

Hi again,

 

Would you like to see a copy of the information on dependency they have asked me for which they sent via email?

[chloe01]

They deal solely with legal and policy issues, they don't deal with claims to benefit in themselves as they do not decide your case; their position in this situation is purely advisory to the DWP in that they advise the Decision Maker of the guidance or law surrounding the area of question and the Decision Maker in DLA (or the Exportability Team) make the decision on your claim, thus there is no contact number for them in respect of your claim to DLA.

 

3 weeks is a long time so whatever the query is, it must be something in-depth; the positive way of looking at it is that DLA are doing all they can to see if they can revise the decision in your favour without the need for tribunal by seeking proper clarification on an area of law or guidance which is unclear.

 

Hi Erika,

 

I telephoned the DLA again today and all they could tell me was that my claim was still with the Policy Department. How long does it take to look at, it´s getting stupid, I´m getting more stressed. They can´t tell me what they are looking into (it can only be the dependency evidence I sent them), so I assume the (DLA Expo) dept can´t decide if my claim is OK, hence sending it to the Policy department for advice.

 

I claimed in February 2008 so this has been going on now for over 2 years, (first it was the 26 week rule I was refused on and now the dependency) and if the DLA think I am just going to give up, they can think again. I may have been diagnoised with a severe mental health disorder (Bipolar, Acute Anxiety and Clinical Depression since 1996 and in receipt of Long-Term IB, (I was actually signed off for 5 years after my last Social Security medical, I was only in there with my mum for 4 minutes and he told her to take me home), I do infact have a copy of the report he had written on me, it reads like something from the script of ONE FLEW OVER THE CUCKOOS NEST), but I am not totally brain dead. My IB is up for renewal in July, but all they do is send a letter to my doctor here in Spain and I think I may have to fill in the usual form and post it back.

 

Or, maybe the DLA are trying to help me because they could always have sent me a letter saying that the dependency evidence was no good and not even bothered to send it to the Policy Dept. then my claim would have gone to appeal.

 

What do you think?

 

Sorry to go on.

 

Thanks

 

GS

[chloe01]

Hi Erika,

 

I telephoned the DLA again today and all they could tell me was that my claim was still with the Policy Department. How long does it take to look at, it´s getting stupid, I´m getting more stressed. They can´t tell me what they are looking into (it can only be the dependency evidence I sent them), so I assume the (DLA Expo) dept can´t decide if my claim is OK, hence sending it to the Policy department for advice.

 

I claimed in February 2008 so this has been going on now for over 2 years, (first it was the 26 week rule I was refused on and now the dependency) and if the DLA think I am just going to give up, they can think again. I may have been diagnoised with a severe mental health disorder (Bipolar, Acute Anxiety and Clinical Depression since 1996 and in receipt of Long-Term IB, (I was actually signed off for 5 years after my last Social Security medical, I was only in there with my mum for 4 minutes and he told her to take me home), I do infact have a copy of the report he had written on me, it reads like something from the script of ONE FLEW OVER THE CUCKOOS NEST), but I am not totally brain dead. My IB is up for renewal in July, but all they do is send a letter to my doctor here in Spain and I think I may have to fill in the usual form and post it back.

 

Or, maybe the DLA are trying to help me because they could always have sent me a letter saying that the dependency evidence was no good and not even bothered to send it to the Policy Dept. then my claim would have gone to appeal.

 

What do you think?

 

Sorry to go on.

 

Thanks

 

GS

 

Hi again Erika,

 

Also if my dependency evidence is not OK and my claim has to go to appeal. It would have to be a paper hearing as I am unable to travel because of my condition (although I would love to go so I can make sure they understand everything I am going through).

 

Anyway, would this put me at a disadvantage, as after all the stress for more than 2 years, I would hate to think I was turned down at appeal because I was not able to be there.

 

Thanks

 

GS

[chloe01]

Hi again,

 

Would you like to see a copy of the information on dependency they have asked me for which they sent via email?

 

 

Hi Erika,

 

I did not see an answer to the above query. Do you think that maybe, if I send you the email they sent to me with the evidence they requested you may be able to figure out why it is taking so long.

 

Thank you

 

GS:)

[ErikaPNP]

I wouldn't be able to figure out what is taking them so long because it is not known what they are considering, exactly, i.e what the query is that has been sent to policy. It may be to do with your supporting evidence but what area of this has raised a question, only they can answer.

 

The whole appeal process (including first tier tribunal) for DLA can take up to 9 months from the date they receive the appeal request. Oral hearings are generally more successful than paper hearings statistically because the chair has opportunity to present questions to the claimant and have them answered to clarify where there are areas of doubt; a paper hearing relies solely upon the paper evidence presented to tribunal.

 

I can't understand why they will not tell you what they are seeking clarification on; you would find out anyway if it continues to tribunal as they have to send you the bundle which contains all of the evidence they used in their decision not to revise in order for you to prepare any submissions.

[chloe01]

I wouldn't be able to figure out what is taking them so long because it is not known what they are considering, exactly, i.e what the query is that has been sent to policy. It may be to do with your supporting evidence but what area of this has raised a question, only they can answer.

 

The whole appeal process (including first tier tribunal) for DLA can take up to 9 months from the date they receive the appeal request. Oral hearings are generally more successful than paper hearings statistically because the chair has opportunity to present questions to the claimant and have them answered to clarify where there are areas of doubt; a paper hearing relies solely upon the paper evidence presented to tribunal.

 

I can't understand why they will not tell you what they are seeking clarification on; you would find out anyway if it continues to tribunal as they have to send you the bundle which contains all of the evidence they used in their decision not to revise in order for you to prepare any submissions.

 

 

Hi Erika,

 

I am not sure if I have asked them what clarification they are waiting for. I dont want to keep bugging them but do you think it would be OK to telephone the Expo Dept and ask them. I did phone the DLA Helpline today and they just said that my file is at the Policy Department. I did not ring the actual Expo Department who have all the answers. I thought info/queries/updates etc would be linked on their computers under my N.i number, but it seems that Expo know more than the DLA Helpline.

 

Anyway do you think I am justified in ringing Expo and asking them.

 

Thank you

[chloe01]

I wouldn't be able to figure out what is taking them so long because it is not known what they are considering, exactly, i.e what the query is that has been sent to policy. It may be to do with your supporting evidence but what area of this has raised a question, only they can answer.

 

The whole appeal process (including first tier tribunal) for DLA can take up to 9 months from the date they receive the appeal request. Oral hearings are generally more successful than paper hearings statistically because the chair has opportunity to present questions to the claimant and have them answered to clarify where there are areas of doubt; a paper hearing relies solely upon the paper evidence presented to tribunal.

 

I can't understand why they will not tell you what they are seeking clarification on; you would find out anyway if it continues to tribunal as they have to send you the bundle which contains all of the evidence they used in their decision not to revise in order for you to prepare any submissions.

 

 

Hi Erika,

 

Just to update you. I telephoned the DLA Helpline on Friday and was told that the Policy Department has finished with my claim and it is back with the Expo Dept, I think she told me it was with the Decision Makers. I asked if it would be OK to ring Monday to see whats happening.

 

She would/could not give me any more information on my claim. Do you think it is possible that the Helpline really don't know the outcome and that Expo would have more information. I never know if Helpline know or not as I assumed all computers are linked up.

 

What do you think?

[chloe01]

I wouldn't be able to figure out what is taking them so long because it is not known what they are considering, exactly, i.e what the query is that has been sent to policy. It may be to do with your supporting evidence but what area of this has raised a question, only they can answer.

 

The whole appeal process (including first tier tribunal) for DLA can take up to 9 months from the date they receive the appeal request. Oral hearings are generally more successful than paper hearings statistically because the chair has opportunity to present questions to the claimant and have them answered to clarify where there are areas of doubt; a paper hearing relies solely upon the paper evidence presented to tribunal.

 

I can't understand why they will not tell you what they are seeking clarification on; you would find out anyway if it continues to tribunal as they have to send you the bundle which contains all of the evidence they used in their decision not to revise in order for you to prepare any submissions.

 

Hi Erika,

 

Just to update you on my DLA claim. I received a rejection letter last week after appealing to the DLA that I was "dependent".

 

My claim is now back again with the DM and is being prepared to go to Tribunal Appeal. I have prepared my own appeal that I wish to be read out on my behalf, because as I think I mentioned before, I can not attend in person.

 

I have been getting loads of help from a man called David who is a legal advisor. I am now appealing on the fact that "I am an insured person in my own right" through my Long Term Incapacity benefit and so IB are paying my N.I contributions, thus making the UK my compentant State and are responsible for my benefits.

 

Regards

[odds]

Hi everyone,

 

I applied for DLA back in February 2008 from Spain after it was announced in October 2007 that this was possible.

 

I appealed this decision on the bases that I am a Dependent of a Family Member who lives and works in the UK. And also the fact that I have been in receipt of Long-Term Incapacity Benefit since 1996.

 

I received an email from the Exportability Team at the DLA asking for proof of dependency, which they have now received and my claim in now with the POLICY DEPARTMENT, who apparently are the department that deals with cases that the normal department of the DLA cannot decide if a claim is OK or not.

 

I am now awaiting a response from the DLA. And if I am turned down my case will go to appeal.

 

Sorry if this post is a bit negative. I have been sitting reading and biting my lip, and thinking I may offend some people. Then I thought, sod it !

Goldensyrup, you live in Spain. You wish to claim DLA from the British tax payers for care that you need on a daily basis, which is what DLA is awarded on. Yet you don't actually state what level of 'care' you require and who provides that care on a daily basis.

Why should you be entitled to Incapacity Benefit if you live in Spain ?

It seems to me, reading between the lines, that somebody is just abusing the system and trying for a little increase in their monthly income !

 

Sorry if this causes any offence to anyone, but there are people in THIS country that get refused benefits, and then you find out that people living abroad are entitled to them is just a joke !!!

 

Rant over.

[chloe01]

Sorry if this post is a bit negative. I have been sitting reading and biting my lip, and thinking I may offend some people. Then I thought, sod it !

Goldensyrup, you live in Spain. You wish to claim DLA from the British tax payers for care that you need on a daily basis, which is what DLA is awarded on. Yet you don't actually state what level of 'care' you require and who provides that care on a daily basis.

Why should you be entitled to Incapacity Benefit if you live in Spain ?

It seems to me, reading between the lines, that somebody is just abusing the system and trying for a little increase in their monthly income !

 

Sorry if this causes any offence to anyone, but there are people in THIS country that get refused benefits, and then you find out that people living abroad are entitled to them is just a joke !!!

 

Rant over.

 

 

If you done a bit of research before writing this pretty ignorant reply, then you would find that I am perfecly with-in my rights to export my IB. And just to rub it in a bit further I also receive my Child Tax credits and Child Benefit. And as for your comment about topping up my income, this is my income. I can´t work.

 

Also regarding DLA. Do you not think that I have gone through all the proper channels. Because my claim is so complicated it has been through the Exportability department, the Policy Department and the DWP lawyers. And it is now awaiting a Trubunal hearing. So why don´t you leave it to the professional to decide if I am entitled to DLA in Spain or not. And did you also not know that people who were in receipt of DLA before they moved to Spain or indeed another EEU country that they have exported their DLA. This is within the law, but obviously you kn ow nothing about it. Just because someone decides to move to another country within the EEU, does not mean that their illness goes away as soon as they set foot of different soil.

 

I would have elabrated more on why I have claimed for DLA, (which again by-the-way is perfectly legal), but as you seem to have made up your mind, whats the point. For all you know I could have no arms, no legs and be deaf and blind. So don't make assumptions. And just as an after-thought, I could applied and been granted DLA when I lived in UK, but never applied, so I have saved YOU a few quid there.

 

I think that if you have a problem with people claiming benefits that dont live in the UK, and as you seem to think that benefits are paid by the UK tax payers. Then you should look closer to home and look at all the emigrants that have been let into the UK and are draining the DWP´s resources of money that SHOULD be used for genuine claimants and not people that move to UK just so they can get a 6 bedroom house for free, council tax reduction (if they pay anything at all) and every benefit going.

 

I am 100% British and have paid into the system all my working life. So you tell me, what does N.I Contributions stand for. Does it not mean NATIONAL INSURANCE. I assume you know what insurance means, if not look it up in the dictionary.

 

Sounds to me a bit like bitter grapes. Was you turned down for a benefit? The DWP can tell who is GENUINE AND WHO IS NOT. Just because you live in UK does not give you free range to receive every benefit you apply for. Your right, it does sound like SOMEONE tried to top up their income and FAILED. The all-seeing eye of the DWP know who is genuine and who is a sponger.

 

So if you want to comment further, please educate yourself further with regards to the current Laws and Regulations. Then come back to and I will put you right again.

[ErikaPNP]

Hi Golden syrup.

 

I wish you well in your appeal. It's down to the tribunal now to make their decision. I don't know whether it will be successful; I have come across people who have moved abroad and wish to continue receiving their DLA but never a case where someone has been successful in claiming for the first time from abroad.

 

There are some lead cases on at the moment which concern people who have had their benefit stopped and reclaimed or requested reinstatement abroad. Other appeals concerning similar issues were suspended pending the outcome of these lead cases, which they expected to be finalised by the end of last month but I've not heard whether they have been completed and haven't read up on them as I've been swamped with other matters. It may be worth your advisor's while looking into this for you.

[Bookworm]

Furthermore, why should someone who has paid taxes and NI in this country all their lives be exepcted to them sponge off another country's system to which they haven't contributed? :-?

 

Odds, your post indicates a profound misunderstanding of the way the social care system works in this country. If people have paid in the UK funds all their working lives to pay for other people's pensions, healthcare etc... then where they decide to retire is their business and if they decide to go somewhere where their benefits/pensions get them a better lifestyle, then that should be their absolute right.

 

Personally, as soon as we can retire, I'd love for us to go somewhere our below breadline pension will allow us to live a lot better!

[chloe01]

Furthermore, why should someone who has paid taxes and NI in this country all their lives be exepcted to them sponge off another country's system to which they haven't contributed? :-?

 

Odds, your post indicates a profound misunderstanding of the way the social care system works in this country. If people have paid in the UK funds all their working lives to pay for other people's pensions, healthcare etc... then where they decide to retire is their business and if they decide to go somewhere where their benefits/pensions get them a better lifestyle, then that should be their absolute right.

 

Personally, as soon as we can retire, I'd love for us to go somewhere our below breadline pension will allow us to live a lot better!

 

WELL SAID

 

I am only 42 but I am called a Pensioner here in Spain because of my IB.