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New Claim for DLA from Spain

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13 years 6 months ago #28609 by Derek4
Replied by Derek4 on topic Re:New Claim for DLA from Spain
Hi goldensyrup

I understand the DWP are not always represented at DLA hearings. They may possibly have chosen not to attend because your issue appears to be more of a legal issue than a question about your health, which might be dealt with on the paperwork alone. That's just a suggestion.

Good luck, hope the outcome is in your favour.

Derek
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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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13 years 6 months ago - 13 years 6 months ago #28611 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:New Claim for DLA from Spain
I'm afraid we are unable to give advice on individual claims even for those based in the UK, let alone for those living in an EEC or EEA country. See FAQ

However, the information below is from my archives. For up-to date information see the links I've posted below.

DLA payments abroad

if your entitlement to DLA or AA began before 1/6/92, you may be paid benefit without time limit in another EEA country, if you or any member of your family have been employed or self employed in the UK, and you continue to satisfy all the other conditions of entitlement other than he presence and residence conditions. You can then make a renewal claim whilst you are abroad, but should avoid any break in entitlement between the end of an award and entitlement under the renewal claim.

UK long-term Incapacity Benefit

If you have been insured for sickness in the UK only, you may be able to get UK long-term Incapacity Benefit anywhere you live or stay in the EEA as long as you satisfy the rules and continue to be unfit for work.

Also see Claiming Benefits Abroad

You can contact International Pensions Centre, E-mail : This email address is being protected from spambots. You need JavaScript enabled to view it.

Hope this is of some help.

Jim

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 13 years 6 months ago by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law). Reason: Corrected link.
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  • goldensyrup
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13 years 6 months ago #28612 by goldensyrup
Replied by goldensyrup on topic Re:New Claim for DLA from Spain
Thanks Derek, My story has had a beginning a very long middle and hopefully soon an end.
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  • goldensyrup
  • Topic Author
13 years 6 months ago #28613 by goldensyrup
Replied by goldensyrup on topic Re:New Claim for DLA from Spain
Hi Jim,

Thank you for your suggestions.
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  • Costa
13 years 6 months ago #28636 by Costa
Replied by Costa on topic Re:New Claim for DLA from Spain
Hi
I have appealed the decision not to allow me to apply for DLA from Spain on the 26 week rule, but as yet no comment from exportability department at all. Please let us know the outcome of the Appeal Hearing when you have the result as I for one would be more than interested! Good luck!
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  • Rosered
13 years 6 months ago #28654 by Rosered
Replied by Rosered on topic Re: New Claim for DLA from Spain
Sorry if this sounds stupid but as Spain is part of the EU can you not claim the equivilant of DLA from the Spanish Government if you can not claim it from the EU.

I ask as didn't the EU make a recent ruling to say that the British Government could not refuse benefits to workers from Europe.
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