Claiming DLA while living abroad then moving back

Claiming DLA while living abroad then moving back to the UK.
I have some information for you. As well as the points I previously brought up about your PIP download guide this is something else that needs looking into by yourselves to be able to give the correct information and advice.
PIP Abroad.
www.benefitsandwork.co.uk/forum?view=topic&catid=10&id=100753
My wife has claimed DLA (Daily living allowance and Incapacity benefit, (the latter only until being eligible for her state pension when she lost it) for some years while living in a EU country. We have now moved back to the UK.
When I phoned the PIP helpline I was told she was not entitled to get her mobility benefit back because she had not lived in the UK for two years out of the last three. The lady said my wife would receive an answer in about 5 weeks, I knew what the answer would be!

I already knew I had been given the wrong information because of an exportable PIP claim I am making myself (Started before moving back) and so immediately wrote a letter to the DWP stating what the lady had said with her name, date and time of call. In this letter I asked for my wife’s claim to be dealt with by a senior officer as the team dealing with claims at the front desk, so to speak, didn’t have the knowledge to deal with it.
I was pleased this morning when I phoned the exportability department and a member of the exportability team confirmed they have my wife’s case in hand and although a decision on her claim hadn’t been decided on, the benefit can be reinstated without the rules set down by the front desk.
Because my wife had lived abroad for more than a year a form 434 (Disability Living Allowance supersession form) would be sent to her for filling in.
I asked if it was possible a PIP2 form would be sent instead of the 434 and was told definitely not and this would not happen until our post code comes up.
Anyway I will keep you up to date as things progress. I cannot guess how many returning British expats have been refused their entitlements by the staff answering the help line number.

Hello Carper,

Are you saying that the advice given in our guide is inaccurate ? If so can you please clarify which section(s) you feel are wrong.

Claiming benefits abroad, or claiming after being abroad is a highly complex area of Social Security Law, and as PIP is so new, B & W have had no members asking for advice about PIP if living abroad or returning from abroad.

The authors Steve Donnison & Holiday Whitehead are both qualified welfare rights advisers, plus Holi is a former barrister specialising in welfare rights and employment.

I have contacted Steve Donnison today and given him a link to your two threads on PIP abroad.

Your thread will remain open whilst Steve checks his sources.

Regards.

Jim Allison
retired Welfare Rights Lawyer & former DLA Tribunal Member.

Hello Jim, thank you for answering my post.

You said: “Are you saying that the advice given in our guide is inaccurate? If so can you please clarify which section(s) you feel are wrong.”

Yes Jim some advice in your guide is wrong (Or missing) as I have highlighted below in bold. I’m not saying you are at fault as in fact it’s the DWP’s fault as hardly any of them know their own rules in this matter. You have no doubt only followed their advice.

I think it was in 2006 the European Union made a rule that DLA, Incapacity and carers benefits could be exported to another EU country). The UK government tried for two years to get out of doing this but failed and in May 2008 I think it was had to pay all those claimants back their due monies, up to two years. Mobility for some reason was not allowed to be exported.

Habitual residence and presence
To make a claim for PIP you need to be present and habitually resident in Great Britain.
Members of the armed forces and their families are treated as habitually resident in Great
Britain whilst serving abroad.
In addition, a ‘past presence’ test means you need to have spent at least two out of the last
three years – 104 out of the last 156 weeks - in Great Britain. Where you are accepted as
terminally ill the past presence test doesn’t apply.

For instance, I became disabled abroad in November 2013 and claimed PIP shortly afterwards. I moved back to the UK permanently this month. My claim (PIP 1003 not PIP2) is being dealt with by a completely different department to what everyone else is. Its called the ‘Exportability Department’ and they know about the exportability rules including how to bypass the usual habitual residents test. There are various boxes you can tick to do this but one sure way is to have been previously claiming carer’s allowance. This was the case for me and my wife has been claiming DLA and Incapacity benefit (The latter before being of age to collect her state pension) for a few years.

As for my wife, she is now importing her DLA back to the UK and is awaiting a form as mentioned in my original post, it has already been agreed this is possible. She can also get her mobility award reinstated.

Going abroad
You can be temporarily absent abroad for up to thirteen weeks whilst in receipt of PIP.


This information is also not quite correct (More missing some facts), as with DLA from 2006, there is no reason not to be able to go abroad to live and not take your PIP with you. The EU has not changed its rules, only the DWP have omitted to include the information in their guide.

I think it might be useful if you message me privately and I will willingly give you the export departments direct telephone number so you or your adviser can phone them for yourselves. I have also got their email address but that route tends to be a bit slow sometimes if they are busy.

I must say it’s so good to speak to such nice people as those in that department, I am told they are some of the old DLA staff.

If I can be of further help please let me know.

I know you say you have had no members from abroad looking for advice but remember you had me and there may be others without you knowing where they are based.
Best wishes to you and the team and keep up the good and very important work.

Lastly if you were to delete my posts it would possibly be a disservice to those who need advice and information. As for locking them I can understand but it would then not allow me to update the posts with appropriate information and especially as to how our claims are progressing.

Moderators Comment from Jim : Steve has asked that your post isn't locked or temporarily deleted. If we’ve made a mistake we'll be happy to admit it and correct it as soon as possible

Hi Carper,

You are absolutely right about PIP exportability which appears to be following the DLA exportability rules.

We'll be updating our PIP guide this afternoon and including contact details for the Exportability Team to more accurately reflect the current situation.

Thank you to you and to the mods for pointing this out to us.

Steve Donnison

I would also like to thank Carper for bringing this to our attention and bearing with us while we confirmed it.

Hi Steve and Puccalove, I am pleased to have been of help and will keep the forum updated with any info I get and hopefully my, and my wife's, successful claim results.