Will I be forced back to the UK?

Thanks for the info Jim, I have just read through it all and it seems that these special rules (below) might cover me. However I am still totally stressed now worrying about how much the daily living part of PIP is in comparison to DLA, do you have a link to any information about that comparison by any chance? I only just about manage to pay my rent and bills as it is now, I couldn't manage if it is any less. To put disabled people through this is absolutely disgraceful, as if we haven't enough to put up with, without the threat of losing the financial means to even keep a roof over our head. I don't know what the world is coming to!

Special rules if you live in another EEA state or Switzerland

To get the daily living component of PIP, you don't have to meet the presence condition, the past presence condition or the habitual residence condition if:

you're habitually resident in an EEA state other than the UK, or in Switzerland, and
you're covered by certain European Union co-ordination rules, which protect your right to claim benefits when you move within Europe and
you can demonstrate a genuine and sufficient link to the UK social security system.

For a definitive answer you need to contact :


Department for Work and Pensions

Exportability Team
Room C216
Disability and Carers Service
Warbreck House
Warbreck Hill Road
Blackpool
FY2 0YE

I cannot post their e-mail address because it's blocked by Spambot, but it's in the Citizens Advice guide link I posted earlier.

Good luck.

Jim

I'm not sure this applies to you or it may be impractical but you claim a certain address is your home (which you intend to return to) provided you spend one night there every 13 weeks. You don't have to give a reason for why you choose to stay elsewhere.

Modedit: I have approved this post, but we are unable to verify whether the information is accurate and/or legal. Gordon

I'm not sure this applies to you or it may be impractical but you claim a certain address is your home (which you intend to return to) provided you spend one night there every 13 weeks. You don't have to give a reason for why you choose to stay elsewhere.

The original poster makes it clear in her first and subsequent posts that she has lived abroad in Spain for 7 years, and intends to remain so, as that is her home. Therefore, the residence and presence rules apply to her.

I stand by the advice I've provided on PIP which is taken from well researched sources and the Welfare Reform Act 2012.

See The Social Security (Personal Independence Payment) Regulations 2013 Part 4, Residence & Presence Conditions.

Jim Allison
retired Welfare Rights Lawyer