New Claim for DLA from Spain

I believe that CB ESA is exportable but IR ESA is not. So unless you were inb the support group, the IB ESA would be limited to 1 year - doesn't make emigration very practical

Survivor wrote:

Yes, the DWP can appeal, as can you, on points of law. If the appeal hangs purely on a question of fact such as how far you can walk or whether you need supervision to stop you harming yourself, then the decision cannot be appealed if either party is not happy with the tribunal's finding of fact, but either party can appeal if they believe that there is an error of law, such as whether the benefit can be paid to claimants claiming from or living outside the UK. From the Upper Tribunal, it can go to the Court of Appeal and so on.

Hi,

The DWP or the appellant can appeal to the Upper Tribunal, if the First-tier tribunal make an error of law, defined below:

WHAT IS AN ERROR OF LAW ?

The basic rules are outlined in Commissioners decisions R(A) 1/72 and R(I) 14/75 in turn based on the principles stated in Global Plant Ltd v Sec of State for Social Services (1972) IQB

A decision of a Disability Appeal Tribunal, Social Security Appeal Tribunal, or a Medical Appeal Tribunal may be erroneous in law if :

1) there has been any breach of the rules of natural justice ( loosely meaning 'fair play at work')
or
2) there has been a failure to comply with the requirements to record in writing adequate reasons for the decision and relevant findings.
or
3) it contains a false proposition of the law ex facie ( on the face of it)
or
4) it is supported by no evidence
or
5) the facts found were such that no person acting judicially and properly instructed as to the relevant law could have come to the determination in question.
or
6) Technical error. This sixth ground is NOT covered by the R(A)1/72 etc grounds.
Generally, it could be summaried as a technical or proceedural error, a breach of the statute or of the regulations.

Hope this helps.

Pat

Max wrote:

I have read this with interest. I could live abroad where I would have a better quality of live but ESA is NOT exportable IB was but NOT ESA. DLA is only exportable on the care component - which doesn't give me enough to live on.
I am sure this against EU law but they are getting away with It!!!!
If anyone can direct me to how to deal with this

DLA is not awarded to give you money to live on, its for extra costs, of being disabled so having that of any part of a legal case in respect of EU law would not work .... what rights have you to spanish benefits ? as the DWP would argue that as IB is stopped as esa comes in they are doing there legal duty in giving people in the UK benefits .....

you ask for help in dealing with this, but i cant think of anyway you can win this long standing argument... a search of the ex pat forums will show you many threads where people have tried for years to get dla overseas with little luck and of course the other big talking point on ex pat forums is,,, why is my pension not idex linked in country a but is in B

Hello, my appeal for DLA as a first time claim is still going on after over 4 years. The situation at the moment is that my representative replied to the DWP´s last submisssion which they had drawn up by a solicitor. Now as I type an 800 page submission is being created (plus attachments/evidence) in response to the DWP´s solicitors load of rubbish.

The Secretary of State and all below him i.e DWP will be bought before the European Court of Justice for all the down-right lies that have been uncovered by my representative who is an ex CID Senior Criminal Investigator and knows European and Community Law back to front. And after the decision is made by the Judge then a thorough police investigation will be put into motion towards the DWP´s misconduct. I am very fortunate to have him helping me as there is no way I would off been able to carry on with this on my own. Me being one of the "little people" would of fallen at the first post and not got up again.

The Government is totally ignoring the ruleing by the EEU as regards to the ability to claim DLA from another European country and they know that. Which is why they will also be bought before the Commission for this very reason.

I have been used as a pawn from the very start when I put in my first claim for DLA and been pushed from pillar to post. All of the evidence in my favour has been buried amongst a previous submission from the DWP of over 500 documents, in hope that it would confuse the Judge. The latest submission from the Solicitors now acting on bahalf of the DWP (presumably because the DWP can not answer my representatives response), includes some very ignorant questions, i.e can she drive whilst on the medication, is she capable of signing for a house etc. I have had to get a letter from my doctor here in Spain to confirm that of course I can. The solicitor who has asked these questions has had no medical background and the DWP are now really scrapping the bottom of the barrel to deny me my rightfull DLA. So in the next few days the DWP will be receiving my representatives response/submission.