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TOPIC: Regulation 1408/71

Regulation 1408/71 9 years 6 months ago #19813

  • goldensyrup
Is this still correct, as this Regulation seems to be the best chance I have at written tribunal appeal. As my claim was a new one made from Spain


Council Regulation 1408/71

I quote "Where the granting of a disability or invalidity benefit covered by paragraph 1 is subject, under the legislation of a Member State, to the condition that the disability or invalidity should be diagnosed for the first time in the territory of that Member State, this condition shall be deemed to be fulfilled were such diagnosis is made for the first time in the territory of another Member State. The past presence criteria also relates to new claims where the UK remains the competent State.

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Re:Regulation 1408/71 9 years 6 months ago #19830

Hi goldensyrup,

I strongly suspect that there isn't anyone here who is competent to answer your query - I certainly couldn't.

Claiming benefits abroad is such a specialised, complex and - at present - constantly changing issue that there are probably very few people who are up-to-speed on it.

But there is certainly nothing to prevent you putting this arguement to the tribunal.

Good luck,

Steve

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

Re:Regulation 1408/71 9 years 6 months ago #19842

  • goldensyrup
I sent in a letter of complaint, and have just phoned the exportability department and she said that she knows that the department had my file out today, so some activity is taking place, she is going to ring me tomorrow at 10-30am UK time. So if it is worth posting her reply to me I will.

Thank you

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Re:Regulation 1408/71 9 years 6 months ago #19878

  • goldensyrup
Hello,

Expo just rang me as promised. Nothing new really, just that appeal is still be prepared and that they are answering the points I raised in my letter of complaint to them and I will receive it soon.

Also was told that current Regulations have not changed and are still in place. She did not know about the new regulations if they have been put forward to Goverment from EEU. But I really didn´t expect her to. I have mentioned these regulations in my complaints letter to will have to wait and see what they have to say for themselves.

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Re:Regulation 1408/71 9 years 6 months ago #19879

  • goldensyrup
Sorry Steve,

I mentioned to the lady at Expo if I would need to see a DWP appointed doctor here in Spain and she said if that was the case they would have said so by now.

So I can only assume that they are satisfied with my medical evidence.

q......

Can you claim DLA on the same medical condition that I was awarded LongTerm IB from UK. Because my argument is that because I was awarded LTIB in 1996 whilst living in UK then I should satisfy the 26 week rule. I did mention this to Expo this morning but she said there was other criteria to satisfy. I don´t know what else there is because Goverment site in one section says - must be in receipt of benefit i.e IB and other criteria is must be resident in UK for 26/52 weeks.

So would this not cover both criteria?

Sorry if I have already asked you this.

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Re:Regulation 1408/71 9 years 6 months ago #19880

  • goldensyrup
Hi Steve, you mentioned that I could request a video-link or conference call. This is a copy of the reply that Sutton Tribunal have just emailed me.

When you receive your enquiry form you will need to request a video conference on the form. Video conferencing is generally only used between other offices and not with an appellant's personal webcam. In these circumstances a Judge would normally be able to direct that a hearing be arranged at the appellant's home, providing they have written support from their GP that this was necessary.

Because you now live in Spain I don't believe this will be possible but request it on your form when received and I shall pass the query to a judge. I cannot give you definitive answers as yet due to your appeal still not being received at our office. As discussed previously, once you receive your enquiry form the individual processing teams will be happy to help with your queries.

Regards,

Listing Team Leader
SSCSA Tribunals, Sutton

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Last edit: by Steve Donnison.
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