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Eu Court of Juctice directive on DLA for Expats (Read 3146 times)
Ebrovoice
Ex Member


Eu Court of Juctice directive on DLA for Expats
Aug 26th, 2009 at 9:09pm
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Has anyone else been affected by this directive?

"a European Court of Justice decision in October 2007. ... Claiming disability benefits if you live in another European country".

Does anyone know how one can get a FULL print copy (online) of this legal directive Eu Justice or elsewhere?


I would be interested to hear form anyone going through this process for a member of their family or for themselves.

If personal then send me a Pm and will respect your privacy.

United we stand!
  
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santsalvador
Ex Member


Re: Eu Court of Juctice directive on DLA for Expat
Reply #1 - Aug 26th, 2009 at 9:27pm
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HI.Dont if youve seen this site. http://www.direct.gov.uk/en/DisabledPeople/FinancialSupport/Introductiontofinanc...

                                   Terry.
  
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Ebrovoice
Ex Member


Re: Eu Court of Juctice directive on DLA for Expat
Reply #2 - Aug 26th, 2009 at 10:08pm
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Yes I have. But no one will give me a copy of the full EU directive.. "re-instatement of medical benefits EU ruling 18 Oct 2007 -
re-claiming Disability Living Allowance or Attendance Allowance. " we are aware thst they only ruled favourably on the Disability Living allowance and discarded the Mobility (understandable) and the Carer allowance (questionable because if you need DLA you need a carer 24/7).
Prior to 1992 if you were in receipt of this and moved abroad yous till got it. After 1992 this was stopped. From what I understand from Belgium is that the 1192 ruling was over ruled and benefits had to be re-instated if you were no longer resident in the uk but living in the EU.
This is the whole grey area and where Uk are looking for a loophole by say you must live in the Uk for more than 26 weeks. This is contradictory to the laws of residency in the Eu, becuase to be granted it yo must live more than 26 weeks away from Uk.
Secondly, they now saying the Secretary of State will not look at "him indoors" claim as we appealed in 2004 and was turned down on the 1992 ruling.He can not over rule an appeal ruling Which is what the EU has just overturned - or did so in 2007 October 18th!!!  So by the law of natural logic and deduction - the Secretary of State must look at.

Besides it was the NHS who advised us way back in 2003 in order to extend my hubby's life further than a year we must seek a micro-climate in a sunny location as they could not longer keep putting him into ICU every Nov for 3months or so. So far he has managed but not without horrendous scares and bouts in hospital.
Thus we live here in the delightful Ebro Valley.Where the health care is excellent in Catalonia and several specialists we have to thank for that.Thank you!!!!!!

We have already argued the case that it is impossible for "him indoors" to live in the uk for 26 weeks a. he does not have clearance to fly b. what about all his appointments every few weeks c. 24/7  carer who also cares 24/7 for her mother with dementia vascular and no help from the UK ! d. are they going to put him in a home for 26 weeks?

I know "him indoors" is not the only one affected in the valley. We know of one other also battling a similar case. His is a genuine case. There must be others out there too?


  
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Mostyne
Ex Member


Re: Eu Court of Juctice directive on DLA for Expat
Reply #3 - Aug 27th, 2009 at 8:25am
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You may want to check these links and make sure to read the comments at the bottom also I think the Judgment number of the case is C-299/05 http://www.west-info.eu/media/westEuropa/allegati/000/021/12/000.021.12.0002.pdf

http://www.whatdotheyknow.com/request/ecj_case_c_29905_evidence_of_ful
http://www.thisfrenchlife.com/thisfrenchlife/2008/11/fight-to-reinst.html

http://petitions.number10.gov.uk/ECJ-DLA/

http://www.thisfrenchlife.com/thisfrenchlife/2008/02/uk-benefits-and.html- MP Roger Gale has just received yet another non-committal (and frankful shameful) response to his latest PQ in respect to the government's continuing avoidance of implementing the judgement given in respect to case C-299/05. The British Expats Association (Spain) are currently in communication with the European Commission in a bid to force the UK to comply with the ruling asap.

And there's more... according to a leaflet issued by Age Concern Espana (see link below):
"The European Court of Justice ruled on October 17 October 2007 that the care component of the Disability Living Allowance, Attendance Allowance and Carer’s Allowance should be paid to people who move from the UK to another country within the European Economic Area. The Disability and Carers Service at the Department of Work and Pensions is currently considering the implications of this ruling."
http://www.acespana.org/acespana/files/Infosheet%203%20-%20Exportable%20benefits...
http://www.acespana.org/acespana/files/Infosheet%203%20-%20Exportable%20benefits...

http://www.publications.parliament.uk/pa/ld200809/ldhansrd/text/90224-wms0001.ht...

hope this helps but just google the judgement number and there are a great many links.
  
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