Fight to reinstate benefits from UK

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Comments

Paul Kendall

Tina, I have signed the petition and wish you luck with this.

I am not affected by this issue, but support your argument fully. The thought occurred, though, that my circumstances could so easily change.

If my wife or I became disabled, would we qualify for a benefit? And who would pay it? The UK or French government?

Tina Hamilton

Hi Paul, thank you for the support. Haven't thought about the issue of becoming disabled in France, although the person who could probably help answer this question is Larry Fulton, CEO of Exclusive Healthcare (http://www.exclusivehealthcare.com/index.php).

Paul Kendall

Thanks, Tina.

We ex-pats should really make the effort to know these things before we settle here.

With the decline of the pound, such matters take on a bigger importance.

Sue Boxell

I'm sure many people realised that certain benefits would stop when they moved to France and decided that it would still be better to live here than in England. If this succeeds, I wonder if it would include such things as winter fuel payments as there are many UK pensioners in St Jean de Losne who would be very much helped by this, I suspect. I have signed the petition today.

Tina Hamilton

Many thanks for signing the petition, Sue. As you point out, many benefits are highlighted as only being available in the UK, e.g. pension credit, and those looking to move abroad need to weigh up the pros and cons. In the case of DLA, AA and CA, however, elements of these benefits should have always been exportable (in accordance with EU law) - something that the government has (and still is) choosing to ignore. Having looked through the many petitions on the Downing Street website, I note that there are several relating to winter fuel payment eligibility... might it be worth setting up a similar campaign aimed specifically for expats? Also, I have just read a story on one of the Spanish sites regarding the importance of expats registering for their UK voting rights. Something we should all consider in order to make sure our voices are heard.

Tina Hamilton

UPDATE: Data received from the DWP, under the Freedom of Information Act, shows that statistics are only available for the number of people affected by the ECJ since it's judgement in October 2007. Anyone who moved to another EEA state (or Switzerland) between 1992 and Oct 2007 is responsible to contact the DWP directly to register for reinstatement of benefit (although whether reinstatement will take place is still an unknown entity!).

marian

good for you tina , we must fight to have our allowances paid to us, we are all in the eu, and it is SHAME ON OUR GOVERNMENT FOR NOT PAYING US i HAVE BEEN PHONING THE EXPORTABILITY TEAM FOR A YEAR NOW TO NO AVAIL, COME ON BRITS STAND UP AND SHOUT FOR OUR RIGHTS

Tina Hamilton

Thanks for your support, Marian. The more people who register their claim with DWP and sign the petition the better. According to the DWP statistics, 1518 eligible people have moved to an EEA state in the last year and exported their benefit. If this number is taken as a yearly average, then something in the region of 22,000 expatriates, who left the UK between 1992 and 2007, are eligible to make a claim for reinstatement of benefit. Unfortunately, given the current financial state of the UK, nothing is likely to be done without pressure from those affected. However, just thinking of the billions given to the banking industry to bail them out of the doo-doo should be enough to spur people on to fight for their rights.

Tina Hamilton

UPDATE: Statistics received from the DWP reveal that 961 people have applied for their benefit to be reinstated. Considering that if all of these people were entitled to the highest rate of DLA or AA* (a highly unlikely scenario), then the annual cost to the UK would not exceed £3.5m - a mere drop in the ocean compared to the billions currently being spent in bail-outs. (*£67 per week)

Tina Hamilton

REQUEST: if anyone affected by this issue has been in contact with their UK constituent MP, please can they let me know. Roger Gale MP is tabling parliamentary questions on this issue on 15 December and would like to gather support from other MPs acting on behalf of their expat constituents. Thank you.

Tina Hamilton

UPDATE: responses to MP Roger Gale's parliamentary questions (PQs) yesterday from Jonathan Shaw, Minister, DWP:
Q1: To ask the Secretary of State for Work and Pensions what the conclusions of his Department's consideration of the European Court of Justice's ruling on exportable disability benefits were and if he will make a statement.
Answer: People who are already receiving disability benefits (Disability Living Allowance care component, Attendance Allowance or Carer's Allowance) when they leave the UK to live in another European Economic Area state or Switzerland can continue to receive benefits, subject to certain conditions. The rules are set out in the Directgov website. We are still considering the implications of the European Court's decision for people who are UK citizens but who live in another European Economic Area state or Switzerland and who wish to claim a disability benefit. We will publish the criteria for awarding the benefits on the Directgov website as soon as the details have been finalised.
Q2: To ask the Secretary of State for Work and Pensions how many expatriate UK citizens have sought payment of exportable benefits following the ruling of the European Court of Justice on 18 October 2007.
Answer: Since the date of the judgement we have received around 1700 requests for payment of the Disability Living Allowance (care component), Attendance Allowance and Carer's Allowance from people who previously lived in the United Kingdom and are now living in another European Economic Area state or Switzerland.
In response to these replies, Roger has posted two further PQs:
1. Why has it taken a year to "consider the implications" of the European Court of Justice ruling and why has this not been implemented.
2. How many of the 1700 requests for payment have received positive responses?
Answers to these PQs are expected to be received in the New Year.

Lynnette

Hello Tina,
I have been tracking this since the ruling and admire your dedication and committment, and personally thank you for your passionate drive. I have writtent to James Purnell MP, Anne Mcquire WPD, The Daily Mail, The Sun, NOTW, The Daily Telegraph, and even Sky News Desk, but not one has replied!! I also noted the fact that last month a press statement was made saying no pensioner should have to live on less than £130 per week, but when I made enquiries with the IPC the amount is to include Pension Credit, which is something else lost on moving out of the UK (which happened to us). Also, one website forum suggested a move back to the UK for the required time to claim, claim all you are entitled to, and then export. I wrote again to the above to point out that if claimants moved back to the UK, they would claim for housing benefits, council tax benefits, pension credit, and the benefits which are now being illegally with held. Not everyone could afford to use that loophole (us certainly not!) and with the pension rates so badly affected by the exchange rate, so many are really suffering and missing out on the little things that would make their lives more comfortable in their poor health twilight years, and the carer's who are dedicated to them. Fifteen months of agonising waiting is beyond belief, and the e-petition is to run another 9 months taking it 2 years since the ruling. No doubt by then many of the claimants will have died! It is dispicable. IF there is anything I can help or do, I am more than willing.

Tina Hamilton

UPDATE from Roger Gale:

Disability Living Allowance - A Ministerial Response But Still No Answer.

North Thanet's MP, Roger Gale, has now received a written ministerial response to his question to the Department for Work and Pensions asking:

Pursuant to the answer of 15th December 2008 on social security benefits (Official Report Col.420w) overseas residence, how many of the 1700 requests for payment of (a) the core component of disability living allowance, (b) attendance allowance and © carer's allowance from those who had previously lived in the UK and are now living in another EEA state or Switzerland have been granted.

In reply the Minister, Jonathan Shaw, says:

As explained in my written answer of 15th December 2008, we are still considering the implications of the European Court's decision on paying Disability Living Allowance, Attendance Allowance and Carer's Allowance to people who claim from another EEA state or Switzerland. We will publish the entitlement criteria on the Directgov website as soon as the details have been finalised. As a result we are not yet in a position to make decisions on individual awards for these customers.

Commenting on this reply Roger Gale says:

"It would seem that it is in order for UK taxpayers to contribute to benefits paid to those who arrive in the UK from overseas but that this government is prevaricating over the implementation of the decision of the European Court and is reluctant to pay out to those who have contributed to the UK tax system for most if not all of their lives.

I regard this as shoddy behaviour and I have asked our new Shadow Minister, Mark Harpur, to take up the issue.

I have also tabled a similar oral question for response at DWP questions on Monday 2nd February - but of course oral questions are a lottery and this may not be called."

Tina Hamilton

Many thanks for your comment, Lynnette. This is a campaign that needs a strong and forceful voice - and there is definitely strength in numbers. As such, we have now joined forces with the British Expats Association (Spain) who are the original instigators of the case ruled on in our favour by the ECJ. Legal advisor and co-founder of the Assocation, David R. Burrage, is currently in communication with the European Commission in another bid to force the hand of the government to abide by the ruling. Once again, I would ask all affected parties to contact their UK constituent MP on this matter.

Tina Hamilton

UPDATE: the British Expats Assocation has petitioned the Commission for Employment and Social Affairs DG in Brussels and requested the opening of 'infringement' against the United Kingdom for failure to implement the ruling of the Court, since the Commission is responsible for taking the necessary steps to seek compliance.

Tina Hamilton

Make your voice heard on this issue. Join our campaign on Facebook: http://apps.facebook.com/causes/201098?m=fe7306b6&recruiter_id=8345612

gaynor dos santos

Hi i have applied for DLA andd i live in France.I was born in England and recieved DLA while i lived there then i told them i was moving to France and it stopped and now i have applied again and it has been refused so i have appealed.
Just because i havd moved to France it does not mean i left my Chronic rhumatoid arthritis behind and i have not had any money for nearly 2 YRS

Tina Hamilton

Hi Gaynor

The dedicated website:

http://dla-ecj.weebly.com/index.html

has information that may be of use to you in your quest for reinstatment.

The current situation is that the European Commission has intiated infringement proceedings against the UK government for their implementation of the "26/52 week rule" as it is contrary to Community law.

You must pursue the appeal procedure in order to keep your claim "live".

kind regards, Tina

Sue

Hi, just discovered your page and found it so helpful. It's my young daughter who gets DLA & I get CA.When I rang DWP to say we were thinking of relocating but would be renting first they told us the 26wk rule would apply and then probably wouldn't get anything after that. If we relocate permanantly what would we be entitled to? Does this ECJ include children who receive a benefit-my daughter is 12 and the money will certainly go towards paying for medications.Will she be eligible to receive anything. Can you please help? Tina, you have worked so hard and I admire and support your commitment. Keep up the excellant work.

Tina Hamilton

Hi Sue

As you will appreciate this is a very complex area.

As there are a few questions that I need to ask, in order to clarify some information, please can you email me at:

dla.ecj@gmail.co.uk

as I do not want you to post personal details on an open website.

Best wishes, Tina

Sue

Hi Tina,
Thanks for your response to my comments. I have tried to email you but it keeps bouncing back-any ideas? I really would like your advise.
Regards
Sue

Tina Hamilton

Apologies Sue, email should have read:

dla.ecj@gmail.com

Look forward to hearing from you.

best wishes, Tina

CAROL WHITE

The DWP really have behaved most shockingly dishonest in this matter. I suggest we all get as public as we can. This is my bit.

http://uk.search.yahoo.com/search;_ylt=A1f4cfN6RGxMxjgA8B9LBQx.;_ylc=X1MDMjc2NjY3OQRfcgMyBGFvAzAEZnIDZnB0Yi15ZmYzNQRob3N0cHZpZAM3ckVteEZmNGNBaDFsbmZtVEd3Xy53Z19XYWlhV0V4c1JIb0FDbXgxBG5fZ3BzAzAEbl92cHMDMARvcmlnaW4Dc3JwBHF1ZXJ5A2R3cCBjYXJvbCB3aGl0ZSBleHBvcnRhYmlsaXR5IG9mIGRsYQRzYW8DMQR2dGVzdGlkA1VLMDY1MA--?p=dwp+carol+white+exportability+of+dla&fr2=sb-top&fr=fptb-yff35&rd=r1

CAROL WHITE

I have personally informed the DWP that they have acted illegally in this matter from the outset. The ECJ Judgement of October 18 2007.

The have continued to do so. In doing so they are guilty of the Common Law Offence of Misfeasance in Public Office, and in due course a private prosecution will be issued.

What in fact the DWP has done is to set a precedent. The ECJ being the highest court in the EU, it now means that when it rules and indeed or other court in the EU, those found guilty or ruled against no matter what the crime, can now site the UK DWP and state....I will need to consider your decision.

Think on it, its almost as good a a get of of jail free card! good luck one and all.

Carol White [Mrs]

Carol White

I Carol White, have no hesitation is stating that I consider the DWP, in this matter to be worse that the Nazis we fought WWII.

AT LEAST WITH THE Nazis WE KNEW WHAT TO EXPECT.

THE DWP IS A BRITISH ADMINISTRATE ARM OF THE GOVERNMENT. YET THE DWP IS QUITE HAPPY TO INFLICT SUFFERING AND PAIN UPON MANY PEOPLE THROUGH WANTONLY DISOBEYING THE LAW OF THE LAND....EU LAW!

THE DWP HAS TO ADHERE TO THE CIVIL SERVICE CODE OF CONDUCT....BUT IT DOES NOT!

WHY NOT? BECAUSE THEY KNOW THEY ARE NOT ACCOUNTABLE TO ANYONE...NOT EVEN THE BRITISH PEOPLE, NOT EVEN OUR BRITISH DEMOCRACY.....AND THIS IS AN OUTRAGE AGAINST US ALL!

I CAROL WHITE, HAVE NO HESITATION IN MAKING THIS PUBLIC STATEMENT, IF I AM WRONG THE DWP CAN SUE ME FOR MY COMMENTS AS I BELIEVE THEY HAVE GONE TOO FAR IN COMMITTING THEIR CRIMES AGAINST VULNERABLE DLA CLAIMANTS.

This tells me something is very very wrong here.

Sincerely Carol White [Mrs}

Carol White

With respect to all: This column is headed

Fight to reinstate benefits from UK
By Craig McGinty on Nov 7, 2008 in Health.

This is only true in part as this is a fight to ensure that the UK DWP obeys the law. We are all expected to live under and respect the Rule Of Law. All that is except a crooked DWP.

I really wish the DWP would claim Liable against me Carol White, and take me to court, at least that will expose them for what they are and for what they have done in contravention of settled EU law. Carol White is ready, are you DWP ready too.

So many people have been injured by the DWP illegally withholding of their rightful benefit entitlement. How many people will die waiting?

Justice will be served.

Sincerely Carol White.

Carol White

TINA HAMILTON STATES ABOVE IN REPLY TO SUE THAT THESE ISSUES ARE VERY COMPLEX. COMPLEX BEING THE VERY SAME WORDING THE DWP USES.

These issues are definitely not complex, far from it! They are very easy to follow. The crux of the issue is the the UK DWP do not wish to be bound by the ECJ judgement of Oct 2007 when in fact they have no alternative but to be so bound as EU law is superior law to that of the Member states.

I BLAME THE EU AS WELL FOR BEING TOO READY TO APPEASE THE UK AT THE EXPENSE OF THE DLA CLAIMANTS EFFECTED.

I have written to Sr Barasso expressing my concerns as it was he that stated that the rights of the citizen will be central to all EU policy. He said so when inaugurating the EU CHARTER ON FUNDAMENTAL RIGHTS.

I would suggest you all write as well as we cannot have this Charter on Fundamental Rights and the UK behaving in the manner that it does.

Sincerely Carol White [Mrs]

Carol Whte

Hello again. The following I posted on NABBLE.

Aug 05, 2009; 09:20pm
Re: Alarm Bells a--ringing

I genuinely believe that this is an issue worth supporting and fighting for, not only for us, but for the countless others in our increasingly ageing population that are sure to need DLA and on going care.

Government knows this and it is only through their mismanagement of the social fund, and paying the constant flow of ever "hands out" immigrants without question that has probably brought the needy desire to be illegally frugal with our benefits.

My grandfather, a staunch socialist and champion of workers' rights, always told me to be very weary of government, and he would say, never give them an inch, because if you gave them and inch, they would come for your skin.


Recent events seem to be proving my granddad to be a worthy philosopher.

...................................

It seems that at the time, apart form being right in my assessment of the problem I was also unwittingly stealing to glory from the NABBLE site administrators.

Well as they say time always tells.

Sincerely Carol White [Mrs}

Carol White

Perhaps now you can all see just how corrupt the DWP really is. I said from the start it was no use pussyfooting with these criminals.

Now you can see the suffering caused to the many. So sad really what has Britain become!

Hartlepool1945

As we have a new government and lots of new MPs, is it worth a concerted campaign to attack anew - especially as government and MPs often do not realise what departments (time-serving civil servants) are up to.

The comments to this entry are closed.

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