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How unfair

  • chris
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9 years 1 month ago - 9 years 1 month ago #131954 by chris
How unfair was created by chris
Ten years ago after my Lynette (my wife) finished work with parkinsons disease we moved to France where she has had over the years a kidney and liver transplants, her parkinsons had slowly got worse we applied and lost appeal in France for DLA around four years ago and last year decided to live back in the UK due to Lynette's health problems. After phoning firstly DWP we have received letter from them stating the 104 week habitation rule, this seems grossly unfair when people EU coutries have exported their DLA and we cannot even receive a blue badge from our council because Lynette is not classed as disabled.

After returning back to UK Lynette has now been diagnosed with PML virus of her brain with no known cure but that does not satisfy the 104 week/ dead in six months scenario rule either.

Any help or advice would be gladly received please.

Thanks

chris et Lynette Davies
Last edit: 9 years 1 month ago by .

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9 years 1 month ago #131976 by Gordon
Replied by Gordon on topic How unfair
Chris

Welcome to the forum.

I am afraid that we cannot help with the Habitual Residence test, you need to get face to face advice from a trained advisor with experience in this area. Do an internet search for "welfare advice" with your postcode, town or county.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • chris
  • Topic Author
8 years 5 months ago #146450 by chris
Replied by chris on topic How unfair
Hi

Just to give a an update my posts and lack of answers.

There is no 104 weeks rule for returning citizens of uk who have lived in a member state of the EU. Carter who blogged in earlier post was quite right its form pp2 dealt with by exportabilty rather than DWP.

Hope that will help other people who return to the uk and not have to fight for it via our local MP and waited a year before they admitted then apologized for their mistakes.

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