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Will I be forced back to the UK?

  • Hope
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10 years 11 months ago - 10 years 11 months ago #102947 by Hope
Will I be forced back to the UK? was created by Hope
I cannot believe what I have just read about PIP! this is what I refer to
To make a claim for PIP you need to be present and habitually resident in Great Britain
You can be temporarily absent abroad for up to thirteen weeks whilst in receipt of PIP.

I have lived abroad for the past 7 years having made the difficult decision to leave my family in the UK after being told that I could continue with my DLA, which I was already in receipt of. I was also awarded the care component but I could not receive that part of DLA whilst abroad but decided that with the DLA plus my industrial injuries (reduced earnings allowance) I could still just about manage financially, so based on this, I left the UK to live in Spain, in the hope that the climate would help my condition. Now I read this!! surely they can not put me in a position like this, making it no longer possible to afford to pay my rent, which I can't do without DLA (or PIP) will I be forced to return to the UK in order to claim PIP? expected to uproot and return to the UK homeless? To fight against an incorrect decision is one thing, it caused me great distress and worsened my condition considerably but in the end I was rightfully awarded the correct benefit and put in the support group ESA. However this is a totally different thing, even if I had any strength left, how can I fight against this? I've not even recovered fully from the last distress they put me through regarding ESA and now this! Surely if I was allowed to still receive DLA whilst not resident in the UK they can not just change the name of the benefit and at the same time completely change the rules leaving me as a disabled person, financially destitute and homeless which is what I will be. My helper said to contact my MP but I am no longer a resident in the UK. I know it sounds dramatic but I honestly feel like ending it all,I can't take anymore, maybe that is what they are hoping, then it's one less person for them to think about!! please can anyone advise me what I can do or has anyone got any information as to what happens in my particular situation?
Last edit: 10 years 11 months ago by Gordon.

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10 years 11 months ago #102952 by Gordon
Replied by Gordon on topic Will I be forced back to the UK?
Hope

I am sorry but we are not in a position to advise on a claimants eligibility for benefits whilst they are living abroad, this is an extremely complicated area of benefit law, which as you can see, is also subject to change.

All I can advise if you to seek assistance from a welfare advisor with specific knowledge and experience of this area of benefits, try contacting one of the ex-Pats groups, as you will not be the only one asking this question.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • Hope
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10 years 11 months ago - 10 years 11 months ago #102955 by Hope
Replied by Hope on topic Will I be forced back to the UK?
Thanks Gordon, I just thought that this site may know or have heard something about this. I don't know of any ex pat groups. Am I allowed to see if there are any ex pats on here who may have some info?
Last edit: 10 years 11 months ago by Gordon.

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10 years 11 months ago #102958 by Gordon
Replied by Gordon on topic Will I be forced back to the UK?

Hope wrote: Thanks Gordon, I just thought that this site may know or have heard something about this. I don't know of any ex pat groups. Am I allowed to see if there are any ex pats on here who may have some info?


I am happy to leave the topic open, we do have some members living abroad, who may be able to provide you with the information you are looking for.

You could also try an internet search for "ex-pats group spain".

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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10 years 11 months ago - 10 years 11 months ago #102971 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Will I be forced back to the UK?

Hope wrote: I cannot believe what I have just read about PIP! this is what I refer to
To make a claim for PIP you need to be present and habitually resident in Great Britain
You can be temporarily absent abroad for up to thirteen weeks whilst in receipt of PIP.

I have lived abroad for the past 7 years having made the difficult decision to leave my family in the UK after being told that I could continue with my DLA, which I was already in receipt of. I was also awarded the care component but I could not receive that part of DLA whilst abroad but decided that with the DLA plus my industrial injuries (reduced earnings allowance) I could still just about manage financially, so based on this, I left the UK to live in Spain, in the hope that the climate would help my condition. Now I read this!! surely they can not put me in a position like this, making it no longer possible to afford to pay my rent, which I can't do without DLA (or PIP) will I be forced to return to the UK in order to claim PIP? expected to uproot and return to the UK homeless? To fight against an incorrect decision is one thing, it caused me great distress and worsened my condition considerably but in the end I was rightfully awarded the correct benefit and put in the support group ESA. However this is a totally different thing, even if I had any strength left, how can I fight against this? I've not even recovered fully from the last distress they put me through regarding ESA and now this! Surely if I was allowed to still receive DLA whilst not resident in the UK they can not just change the name of the benefit and at the same time completely change the rules leaving me as a disabled person, financially destitute and homeless which is what I will be. My helper said to contact my MP but I am no longer a resident in the UK. I know it sounds dramatic but I honestly feel like ending it all,I can't take anymore, maybe that is what they are hoping, then it's one less person for them to think about!! please can anyone advise me what I can do or has anyone got any information as to what happens in my particular situation?


With DLA it was in certain circumstances possible to continue to receiving DLA whilst living abroad.

With PIP, you have to satisfy the residence and presence conditions.

See Personal Independence Payment (PIP) - the presence and residence conditions

These rules apply to those who lived in England,Scotland, Wales or Northern Ireland prior to moving abroad.

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 10 years 11 months ago by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law).

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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10 years 11 months ago #102979 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Will I be forced back to the UK?
See also on the DWP site : www.dwp.gov.uk/docs/dwp041.pdf

Extract :

What if I am living abroad?

You’ll need to have spent a minimum of at least two out of the last three years in Great Britain before you can claim Personal Independence Payment. However, if you’re living in another European Economic Area state or Switzerland, you may be able to get the Daily Living part of Personal Independence Payment.

What if I go abroad for a short time?

You must tell us if you go abroad for more than four weeks. We can pay Personal Independence Payment for the first 13 weeks that you’re temporarily abroad (or up to 26 weeks)

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems

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