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

[John Lawyer]

Any news from Chloe01?

[John Lawyer]

any news?

[chloe01]

Any news from Chloe01?

 

Hiya John,

 

Just having another 80 page submission being prepared and will be ready to post on Tuesday. Then my papers will be sent to the Advocate General and the Director of Public Prosecutions. DWP had to responded to my representatives last submission in December with the help of a lawyer??????

[jadeybags]

What a cool thread. I never realised you could claim Uk benefits abroad! Well, having said that, an ex boyfriends parents lived in Spain & claimed something from here, never knew what, just remember he used to come over here now n then for a few days to visit his doctor. Mind you, his address at his docs was registrered as his daughters here in the Uk, so now I am wondering if he was doing it legally!

But it's good to know benefits can be claimed abroad.

John Lawyer, you seem to have a stutter lol

[chloe01]

When I first applied in 2007 from Spain for DLA there was a ruleing that we were waiting for. My claim should of been "stayed" and not dismissed. So the DWP will have to backdate to 2007, plus interest. Also Mr Burrage is sueing the Lawyer who prepared the DWP´s last submission as it is full of lies. I have had my LTIB review, all that happened was that a letter was sent to my GP here in Spain. I have been put into a category where I do not have to satisfy any more tests. I still get my CB and CTC which I exported with no problems whatsoever. LTIB will continue. The only reason that I was able to claim DLA as a new claim from Spain was because I have paid N.I when I was working and IB pay my N.I contributions now. Also I am a dependent of my father who was a former worker in UK and also has a N.I record. But the DWP are still fighting me. But when they receive this latest submission they will have no more room to wriggle.

[jadeybags]

Just as well you aren't like some of us with things like this, & find it too tiring & give up fighting!

I took someone to small claims once & wanted to give up more than one time, but family kept geeing me up. I won in the end. But it's hard!

[Nystagmite]

DLA has nothing to do with NI.

[chloe01]

Just as well you aren't like some of us with things like this, & find it too tiring & give up fighting!

I took someone to small claims once & wanted to give up more than one time, but family kept geeing me up. I won in the end. But it's hard!

 

I know the feeling, there is NO WAY that I could of got this far if Mr Burrage wasn´t doing all the work for me, and for FREE. The DWP know that we are not educated enough to defend ourselves, and they knew that about me from my first claim I put in. But they also never forsee that Mr Burrage would become involved and he will never give up. You can email him if you want to if you have had problems dealing with the DWP. he is collecting a dossier to send with my papers to the Public Prosecutions his emal address is

 

email address removed by Site Team. Please do not post email addresses on the forum.

[chloe01]

DLA has nothing to do with NI.

 

Yes but in order to be able to claim DLA from Spain as a new claim or another EEU country then you need to have paid into the UK system i.e N.I contributions. This means that you still have a tie to the UK by way of N.I contributions. And also that the UK is still your Compentant State and is responsible for your benefits. i.e you have not worked in Spain or another EEU country because this would of triggered that country as being your Compentant State and the UK would no longer be responsible.

[jadeybags]

I know the feeling, there is NO WAY that I could of got this far if Mr Burrage wasn´t doing all the work for me, and for FREE. The DWP know that we are not educated enough to defend ourselves, and they knew that about me from my first claim I put in. But they also never forsee that Mr Burrage would become involved and he will never give up. You can email him if you want to if you have had problems dealing with the DWP. he is collecting a dossier to send with my papers to the Public Prosecutions his emal address is

 

email address removed by Site Team. Please do not post email addresses on the forum.

 

 

Thankfully I have nothing to do with DWP these days. I just claim tax credits, but I think I may just save that email address, as you never know what might happen in the future obviously. Cheers x

[gatecrasher007]

Hi Chloe

I am interested in your outcome. For my own personal reasons, I was recently interviewed under caution as the DWP claimed I was living abroad. They stopped paying my LTIB but have since told me they are going to reinstate it, because even if I was living in an EU country they have to pay it. The same with DLA (care component only) they would pay that as long as you are in receipt of a taxable benefit ie LTIB, SRP etcthey will not pay the mobility component it is the ruling from 1997. The people in Newcastle have told me that I can export if need be. I do not know about claiming whilst you are abroad, however, if you read the Direct Gov site it appears that you can claim ESA from abroad if you are still insured from the UK ie if that is the country that you paid your NI's. Many people think that people are scrounging if you live abroad and claim from the UK, but if you paid your conts say in Spain then went to live in the UK, Spain is where you would claim your monies from. It is also a myth that the UK has a generous system, for example, the unemployed in Portugal receive a proportion of their income which is far more generous than the UK, it is just the UK press that seem to stir and blow things out of proportion without looking closely at the facts. The French and Italian system are quite generous as well I believe. Many people do not realise, it is the country where you last paid your contributions. I look forward to your reply.

[chloe01]

Hi Chloe

I am interested in your outcome. For my own personal reasons, I was recently interviewed under caution as the DWP claimed I was living abroad. They stopped paying my LTIB but have since told me they are going to reinstate it, because even if I was living in an EU country they have to pay it. The same with DLA (care component only) they would pay that as long as you are in receipt of a taxable benefit ie LTIB, SRP etcthey will not pay the mobility component it is the ruling from 1997. The people in Newcastle have told me that I can export if need be. I do not know about claiming whilst you are abroad, however, if you read the Direct Gov site it appears that you can claim ESA from abroad if you are still insured from the UK ie if that is the country that you paid your NI's. Many people think that people are scrounging if you live abroad and claim from the UK, but if you paid your conts say in Spain then went to live in the UK, Spain is where you would claim your monies from. It is also a myth that the UK has a generous system, for example, the unemployed in Portugal receive a proportion of their income which is far more generous than the UK, it is just the UK press that seem to stir and blow things out of proportion without looking closely at the facts. The French and Italian system are quite generous as well I believe. Many people do not realise, it is the country where you last paid your contributions. I look forward to your reply.

 

Hello, I am awaiting for my most recent submission to be posted off on Tuesday. Mr David Burrage has prepared over 800 pages, exposing lies and corruption from the Secretary of State, the Decision Makers down to the tea makers. You are quite right in what you have informed me. The DWP are just trying to frustrate customers so much that they just give in. They are still not abiding by the EEU Regulations. Lets see if they take any notice of the Advocate General´s new ruling. I will post on here when I have more information. If you want to contact Mr Burrage his email address is (edit EMAIL REMOVED by site team - please do NOT post email addresses onthe forum) he is compiling a dossier of problems, lies etc that have been told to people. Speak to you soon.

[queensclose]

Reading and interesting

[wencra]

hi Chloe

can't wait to se the outcome of your plight, hopefully you will have a positive result

[chloe01]

hi Chloe

can't wait to se the outcome of your plight, hopefully you will have a positive result

 

Hello, the submission and attachments was posted yesterday. So now it is just a matter of waiting to see what rubbish the solicitors for the DWP come up with next, if they dare do so. Although the tribunal have been put on notice that Mr Burrage will not respond to any further submissions from the DWP who are only trying to delay the inevitable. Mr Burrage has totally pulled their solicitors response apart and has reduced it´s contents to one that could of been written by a 5 year old. The solicitors for the DWP have tried in vein to "rescue" the DWP from all the lies and corruption I have had to endure over more than 4 years, as I am sure, have plenty of others. All they have succeeded in doing is to put the DWP further into quick-sand and now themselves, as their attempt to rescue the DWP is also full of lies and total irrelevant rubbish. Most importantly it has now come to light since going through the solicitors submission that the DWP never ever had any attention waht-so-ever of granting my entitlement to the Care componant of DLA. As the solicitors now refer to me being a drain on the BRITISH Social Security System. And as I live in Spain feel that I am no longer British, although as previously mentioned I am insured in Britain as a former worker and paid NI and now my LTIB pay my NI contributions. The UK is also my compotent country as I have not triggered the social security system in Spain. As most of you will know if you have been following my plight, it is far more complicated then what I have just written. But at the end of the day, it all steams from the Treasury downwards to the Secretary of State and below. As Britains who wish to exercise their "right to free movement" are now being discriminated against. Anyway I will let you know what happens next. (edit)

Edited May 9, 2011 by ErikaPNP
as advised privately

[chloe01]

Also I have just received the verdict from the European Court of Justice as regards to the Exportability of the "Mobility" componant of DLA.

[chloe01]

Hello, I am writing to update anyone interested that has been following my claim for Disability Living Allowance as a new claim.

 

I have good news, I have just received the decision notice from the Judge, only took over 4 1/2 to come.

 

The judge has awarded me DLA which will at the least be back-dated to February 2008, plus interest.

 

I do not know which rate I will be getting at the moment as the Judge has invited the DWP to advise which level they think is appropriate. Of course, as the DWP have been fighting me for so long, I am sure they will offer only the lowest rate. But this can be over-turned by the Judge once he has been notified of the DWP´s decision. So for example, the DWP give me low rate, the Judge changes it to middle rate, I am not happy, then I can appeal and also go to the Upper Tribunal. I will not do this as I have had enough now

 

On the other hand, I will be insulted if I am offered low rate by the DWP and the Judge agrees and may continue with an appeal. So just need to wait now to see which level I am offered.

 

So it has been a long old slog, the documents and paperwork accumulated to over 1000 sheets. But at least I WON.

 

You need to read through all of the posts to see the unfolding saga. But suffice to say, it is possible to claim DLA as a totally new claim from outside the UK.

[Nystagmite]

Glad to have a good outcome. Hope this is the end now.

[chloe01]

Glad to have a good outcome. Hope this is the end now.

 

Thank you, so do I :O)

[queensclose]

Thanks for the update.

 

i know some people wont like the outcome and you have received some abuse.

but at the end of the day your are fighting for something you a have a right too..

 

the government has got the gone to pot. Britain has been sold down the river. companies took over by foreign investors closed down and sent abroad. contracts that could have saved British jobs given to foreign companies.

 

i drove to Germany recently. i noticed immigrants in camps in France waiting to sneak in to UK. i spoke to a local Police who said we don't give them anything thats why they are trying to cross the channel. i said what if they claim asylum. he said your joking. show me an asylum seeker out of this lot. you lot may accept but the French don't stand for it. he said if they start causing trouble with the locals we just go in and tear the camp down on a rainy night. they soon learn

i noticed every Police car, Fire engine, Ambulance was French Built.

moved on through Holland and Belgium and finally on to my family in Germany. again all Police cars, Fire engines Ambulances are German built.

yes they got immigrants. but the locals said they are just passing through on there way to France. we dont accept asylum seekers unless they come direct from the country they are fleeing and coming through Italy is not good.

 

anyway my point. the government allows anyone to come. take social housing from the locals, immediate use of the benefits system and NHS system if they cant get it human rights forces it with compensation. ( i blame the Judges for that)

we all must now show respect ( get them pig ornaments out the window. it offends. change Christmas to winter holidays. take that cross off the church) show some diversity please

 

so the government decide its people like you must pay (or don't get paid should i say)

 

Thank you for fighting for your rights and shown us it can be done. and hopefully you will stay with CAG and advise anyone else who needs help.

[Nystagmite]

immediate use of the benefits system

 

Not true

[wobbly]

Well done for your perseverance,not many would have stuck at it for so long.

[ErikaPNP]

Chloe - well done. I'll update your thread title to 'won'.

[chloe01]

Chloe - well done. I'll update your thread title to 'won'.

 

Thank you very much Erika. It´s not quite over yet I still need to have the level decided for me. But it just shows you that it can be done. I knew I was in the right all along.

 

I will update you on the level when I hear.

 

Thank again x

[chloe01]

Thanks for the update.

 

i know some people wont like the outcome and you have received some abuse.

but at the end of the day your are fighting for something you a have a right too..

 

the government has got the gone to pot. Britain has been sold down the river. companies took over by foreign investors closed down and sent abroad. contracts that could have saved British jobs given to foreign companies.

 

Thank you for your reply. Yes I believe every word of what you have written. The Government are so corrupt as well as the police and almost all official bodies. Thanks again

 

i drove to Germany recently. i noticed immigrants in camps in France waiting to sneak in to UK. i spoke to a local Police who said we don't give them anything thats why they are trying to cross the channel. i said what if they claim asylum. he said your joking. show me an asylum seeker out of this lot. you lot may accept but the French don't stand for it. he said if they start causing trouble with the locals we just go in and tear the camp down on a rainy night. they soon learn

i noticed every Police car, Fire engine, Ambulance was French Built.

moved on through Holland and Belgium and finally on to my family in Germany. again all Police cars, Fire engines Ambulances are German built.

yes they got immigrants. but the locals said they are just passing through on there way to France. we dont accept asylum seekers unless they come direct from the country they are fleeing and coming through Italy is not good.

 

anyway my point. the government allows anyone to come. take social housing from the locals, immediate use of the benefits system and NHS system if they cant get it human rights forces it with compensation. ( i blame the Judges for that)

we all must now show respect ( get them pig ornaments out the window. it offends. change Christmas to winter holidays. take that cross off the church) show some diversity please

 

so the government decide its people like you must pay (or don't get paid should i say)

 

Thank you for fighting for your rights and shown us it can be done. and hopefully you will stay with CAG and advise anyone else who needs help.

 

 

Thank you for your reply. Yes I believe every word of what you have written. The Government are so corrupt as well as the police and almost all official bodies. Thanks again