I moved to Spain in 2006 and applied for DLA in 2007 after I received a copy of the following ruleing from Judge John Mesher from the Upper Tribunal Commission.
The UK were acting in breach of Article 10a (10) of Council Regulation 1408/71 and now, as May 2010, Article 6 of Regulation 883/2004
And as the UK are also still refusing to recognise Community law with regard to their unlawful imposition of their past presence 26/52 week rule and for that reason the infringement remains on-going against the UK.
When I email or telephone the Exportability Department, the excuse offered to me about my case being complicated is merely a spurious excuse.
I am receipt of long-term incapacity benefit since 1996 so I have now appealed on "being an insured person in my own right" and that the UK are my compentant State. I receive no benefits from the Spanish Authority.
My claim has been to the Policy Dept., and the DWP lawyers. It is now still with the DM at Exportability Dept. who is surposed to be preparing my case for appeal. I am waiting for the "written reason for refusal" which has been posted and also for a copy of the DWP´s submission. I have my own appeal and evidence ready and waiting to be posted to Tribunal Office.
Now that Cameron is in power, I believe that he said that the UK will not bow down to the EEU ruleings.
Can anyone help as this has been going on for 2 years and 3 months and I am getting pretty sick of all this.
I emailed a letter of complaint to my former MP where I used to live in UK and also to the European Commission.
Last edit: 14 years 7 months ago by Steve Donnison.
