Updated new/questions re IB and DLA in Spain

Hello,

Just wondered what will happen to my Incapacity Benefit under the new Coalition which I have been in receipt of since 1996 and exported to Spain. I have heard that they are trying to get IB claimants over to Job Seekers allowance. Obviously this is not an option for me as I live in Spain, so don´t know what will happen.

Also with regards to my DLA claim from Spain. The latest is, I have managed to get the help from two Legal Advisors, Mr David R Burrage and Mr Pater Woodall from British Expats Asociation Spain who are well known by the DWP and have direct contact with the department. I asked them what would happen to the Regulation that the UK are not complying with which would allow new claims to be applied for AFTER moving to another EEU country, as it is still ongoing but has been passed by the EC Commission.

This was the reply I received

As I understand the European system, when a Country is reported to them as not having complied with E.U. Law or regulations then, once they have checked the situation and found it to be true, they then take out infringement proceedings against that Country. The infringement proceedings point out the areas of E.U. Law or regulations that are not being adhered to and instructs the Country to remedy the situation.

If no remedy is forthcoming then the E.U. place the infringement before the European Court of Justice.

David was suggesting that he understood that the Government would be anxious to have the infringement "closed" to avoid being taken before the E.C.J where they would undoubtedly lose and be instructed to remedy their failings.

Does anyone have any advice on the above.

The DLA are still keeping hold of my appeal documents and are still stating that it is "complex". I have been advised on this and have sent an emil to DWP/DLA insisting that A COPY WHICH WOULD BE SUFFICIENT FOR MY APPEAL, be sent to the Tribunal Office so that it can be registered, as the DWP are not waiting for any further information as "they have been working closely with the Policy and Law Department at the DWP" there words. So have all the necessary answers to my "COMPLEX" case. They are just stalling now and I am getting sick of it.

Do you think the DWP are holding onto my claim in the hope that the UK Government will be able to find a way around this ruleing and not have to go before the European Court of Justice (even though they know they will loose).

I have my Long Term Incapacity benefit review at the end of July/beginning of August, so my specious mind is thinking that I will be turned down for renewal, as IB is one of the relevant benefits to enable to claim DLa abroad. Even though I have overwhelming medical evidence. Plus the IB department will send a letter to my doctor here in Spain who will confirm my diagnosis and confirm that I will not be able to work again. I can not fly due to an extreme fear of travelling but if necessary am happy to see an appointed DWP doctor here in Spain. Although the IB department have told me this may be unnecessary.

Sorry if this is confusing.

Thank you

GS

Hi,

It's impossible for us to give advice on individual claims. See FAQ

These links on the DirectGov website may be of help Benefits Abroad

Taking Disability Benefits to other European Countries

Claiming disability benefits if you live in another European country

Also on the DWP website Incapacity Benefit in EEA countries

You can get more information from :

Exportability Co-ordinator
Room C216
Pension, Disability and Carers Service
Warbreck House
Warbreck Hill Road
Blackpool
England
FY2 0YE

Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Hope this helps.

Jim