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DLA/Returning from France
- Ham
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2 years 4 months ago #273103 by Ham
DLA/Returning from France was created by Ham
WE returned from France in June after 5 years there. When I got back I informed DWP of my new address. I receive ESA and DLA and have done since 1993. My most recent award is from 2006 for highest rate care and higher rate mobility indefinitely. While in France I didn't receive the mobility component as it isn't exportable. As I wasn't making a new claim I thought as it is a change of circumstances that would be fine. However, I have been told I cannot have my mobility reinstated. Their letter said that the information they used to make this decision was "other information sent to us". I assume that is my letter and form that I completed informing them of my change of address. No reasons, nothing.
I am about to send back the form asking for a mandatory reconsideration as it has to be there by the 3rd September but I wondered if anyone had any ideas or had some experience with this situation.
Thanks for reading.
I am about to send back the form asking for a mandatory reconsideration as it has to be there by the 3rd September but I wondered if anyone had any ideas or had some experience with this situation.
Thanks for reading.
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- BIS
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2 years 4 months ago #273234 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic DLA/Returning from France
Hi Ham
I'm sorry that I didn't get to read your post before the deadline. I don't know that I could have added anything useful to your argument other than for them to reconsider.
BIS
I'm sorry that I didn't get to read your post before the deadline. I don't know that I could have added anything useful to your argument other than for them to reconsider.
BIS
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- pusscatsmum
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2 years 4 months ago #273253 by pusscatsmum
Replied by pusscatsmum on topic DLA/Returning from France
I am following this too.
Altho I am still abroad, and like you lost my mobility component, despite being informed that if it was not a permanent move than one would not lose this component ( pre 2005 letter from secretary of health, however once I went to the eu in 2017 the dwp over rode this letter I had had sent to me !!!)
I am not expecting to return , seeing I lost my mobility component ,I decided to stay in the eu.
However in regards to your post, as in my recent letter from dwp in 2017, whereby they removed the mobility component, we phoned, and they stated it would be payable if I returned.
Your post does beg the question whether or not they renage on what should be an automatic reversal once you move back to the UK.
This might have to be dealt with via a legal process, it will not affect many, however when it does affect a person, its a
jolly difficult and time consuming thing to deal with and certainly not what should occur .
Please keep us all updated on this matter
Altho I am still abroad, and like you lost my mobility component, despite being informed that if it was not a permanent move than one would not lose this component ( pre 2005 letter from secretary of health, however once I went to the eu in 2017 the dwp over rode this letter I had had sent to me !!!)
I am not expecting to return , seeing I lost my mobility component ,I decided to stay in the eu.
However in regards to your post, as in my recent letter from dwp in 2017, whereby they removed the mobility component, we phoned, and they stated it would be payable if I returned.
Your post does beg the question whether or not they renage on what should be an automatic reversal once you move back to the UK.
This might have to be dealt with via a legal process, it will not affect many, however when it does affect a person, its a
jolly difficult and time consuming thing to deal with and certainly not what should occur .
Please keep us all updated on this matter
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- Ham
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2 years 4 months ago #273329 by Ham
Replied by Ham on topic DLA/Returning from France
Thanks very much for your replies. I have sent in the form for Mandatory Reconsideration and have started looking for a welfare benefits lawyer for the inevitable appeal process. It seems legal aid is only available for upper tier tribunal appeals so I will need to see what the cost is for a lawyer for appeal and if it is affordable.
It is extremely annoying and frustrating.
I will let you know what happens. Not any time soon I suspect.
It is extremely annoying and frustrating.
I will let you know what happens. Not any time soon I suspect.
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- Gary
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2 years 4 months ago #273357 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic DLA/Returning from France
Hi Ham
You could try a law centre close to where you live to see if they will take up your case on a pro bono; lawcentres.org
Gary
You could try a law centre close to where you live to see if they will take up your case on a pro bono; lawcentres.org
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Ham
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1 year 9 months ago #278820 by Ham
Replied by Ham on topic DLA/Returning from France
Hello again,
I'm sure no-one on here will be surprised to know that I have only now had a decision on my mandatory reconsideration. Only 8 and a half months later.
However what will be a surprise is that I had my mobility component reinstated, from the date I returned to Scotland, 16th June 2022.
I have to say I think this was only possible because of a member of the team at the Exportability Office actually tried for quite a long time to get an answer that was accurate and not just a mish-mash of what others thought. He was honest enough also to say that my letter for reconsideration was lost for 5 months so that explains a bit of the delay.
Anyway, I'm just so glad to have had it reinstated and also it does provide an actual answer to the question I posed away back 7 months ago.
I'm sure no-one on here will be surprised to know that I have only now had a decision on my mandatory reconsideration. Only 8 and a half months later.
However what will be a surprise is that I had my mobility component reinstated, from the date I returned to Scotland, 16th June 2022.
I have to say I think this was only possible because of a member of the team at the Exportability Office actually tried for quite a long time to get an answer that was accurate and not just a mish-mash of what others thought. He was honest enough also to say that my letter for reconsideration was lost for 5 months so that explains a bit of the delay.
Anyway, I'm just so glad to have had it reinstated and also it does provide an actual answer to the question I posed away back 7 months ago.
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