- Posts: 2
- Forum
- Members forums
- ESA, PIP and DLA Queries and Results
- PIP claim from abroad under the withdrawal agreement
× Members
PIP claim from abroad under the withdrawal agreement
- Nat205
- Topic Author
- Offline
Less More
2 years 11 months ago #268768 by Nat205
PIP claim from abroad under the withdrawal agreement was created by Nat205
Does anyone live abroad and receive both ESA and PIP from DWP? I'm considering appealing my PIP rejection but am not sure if I have much of a leg to stand on. I already have ESA. The mandatory reconsideration was declined because DWP consider the unemployment benefit I receive in Spain (incapacidad) an illness benefit, although it's actually the equivalent to ESA. I explained this in my mandatory reconsideration but they just ignored me and reminded me I use Spain healthcare as well.
Please Log in or Create an account to join the conversation.
- Gary
- Offline
Less More
- Posts: 8331
2 years 11 months ago #268783 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic PIP claim from abroad under the withdrawal agreement
Hi Nat205
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is.
Welcome to Benefits and Work
Your question is outside the remit of the forum but I will try and answer your question using the disability rights handbook 46 edition. Para 2 page 282.
If, since 8.4.13, you move to an EEA country, you can continue to be paid, or make a new claim for PIP daily living component, if you:
~ are habitually resident in an EEA country; and
~ were (or your family member was), and continue(s) to be, covered by the mainEEA co-ordination rules before 31.12.20; and
~ can demonstrate a genuine and sufficient link to the UK
You can continue to be paid, or make a new claim, as long as the UK remains the 'competent state' (i.e the state responsible for paying your benefits).
PIP Regs, reg 23
PIP mobility components cannot be exported to an EEA country.
European Court of Justice, Case C-537/09 Bartlett
Gary
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is.
Welcome to Benefits and Work
Your question is outside the remit of the forum but I will try and answer your question using the disability rights handbook 46 edition. Para 2 page 282.
If, since 8.4.13, you move to an EEA country, you can continue to be paid, or make a new claim for PIP daily living component, if you:
~ are habitually resident in an EEA country; and
~ were (or your family member was), and continue(s) to be, covered by the mainEEA co-ordination rules before 31.12.20; and
~ can demonstrate a genuine and sufficient link to the UK
You can continue to be paid, or make a new claim, as long as the UK remains the 'competent state' (i.e the state responsible for paying your benefits).
PIP Regs, reg 23
PIP mobility components cannot be exported to an EEA country.
European Court of Justice, Case C-537/09 Bartlett
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Nat205
- Topic Author
- Offline
Less More
- Posts: 2
2 years 11 months ago #268803 by Nat205
Replied by Nat205 on topic PIP claim from abroad under the withdrawal agreement
Thank you! I'll look at this now. Much appreciated.
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David