living in France and claiming IB

As I put on a different thread I am in the same situation living in Spain. I claim ESA whilst appealing my IB decision. Further, at the moment you are not allowed to claim ESA Income Based from abroad, it has to be Contributions based. So even if you did meet the financial criterea for ESA IB it seems unlikely we would get any further ESA payments. A very worrying situation. My ESA is up for renewal in Nov 2011. At the moment we are monitoring the situation closely, as is everyone else I'm sure.

Hello
We have talked to offices in Spain and Portugal and the concensus seems to be that if you paid your monies into the UK they are the ones that pay you. Infact they said that if they have paid you in the the past they should pay you in the future providing your circumstances havent changed and providing you have residence in that country. As previous people have said, the medicals will also be completed in your new country of residence. As you all say, time will tell. The international benefits in Portugal/Spain have said that if they are paying their claimants and they move to say the UK they will continue paying as per EEA rules. Will the UK try again to leave their sick and disabled in the mire?

However, after the "year" has elapsed anybody on ESA(CB) with assets of more than £16,000 OR a partner earning more than £90/week will then be inelligble for ESA.

Hi Gordon

I thought the amount your partner can earn before deeming you inelligible for ESA is more than £90 per week? I know it isn't much but i don't think the figure is that low - have seen 24 hours mentioned somewhere?

Sorry if i have misunderstood your post.

Can the rules regarding means-tested ESA be clarified please. Thanks

Best wishes

Hi Gordon
Thanks for posting the link. However, as I explained earlier, those living abroad in the EU are not eligible for Income Based ESA.

"Income-related ESA
If you have not paid enough National Insurance contributions, you may be able to claim income-related ESA, depending on your income and capital. You must satisfy the habitual residence test by being habitually resident and having a right to reside in the UK, Channel Islands, the Isle of Man or the Republic of Ireland."

We are not habitually resident in the UK i.e., for 26 out of the past 52 weeks. This is the reason we cannot claim DLA for my husband who has had a stroke, despite the fact that the EU insist that the UK must pay as they term habitually resident as being in any EU country. The UK, as usual, ignore most things from the EU.

So unless they change this rule those living in an EU country will not be able to claim Income Based ESA.