DLA suspension in France

abc123456

I am lucky enough to have been able to move to France for a better climate to improve my health, however, my 4 weekly DLA benefit has not been paid this month, and unfortunately, I depend on it.

I am at a loss to understand why this has happened. No letter, no notification and no warning. When I contacted the UK DLA benefit helpline yesterday, they were just as vague. I am wondering if anyone has experience or information regarding this "6 month rule" that the helpline person talked about.

Basically, I exported my DLA benefit (care) when I moved over here 7 months ago. I received the confirmatory letter from DWP 2 months later (June) saying that I remain entitled to the DLA Care payment and this would continue to be paid whilst I am living here in France. I continued to receive my 4 weekly payment.

In December, there was no payment, so I called the DLA helpline and was told the DLA payment was suspended as the DWP would only pay the first 6 months whilst I was living in France. I told them the confirmatory letter I received in June made no reference to any 6 month "rule", neither was there anything I could see on the Internet which would confirm this. The helpline lady told me the payments were suspended after 6 months for them to look at my National Insurance contributions, which I presumed they had already done so to decide whether the DLA was exportable in the first place! There is now no telephone number available to speak to the Exportability Team who deal with this and the helpline lady refused to put me through to them, saying that I would have to probably wait several months for a decision.

My wife receives Carers Allowance based on the fact I receive DLA and this has continued.

Does anyone have any knowledge of this? Any advice would be appreciated.

DX2

Sounds like they think you ain't staying in France permanently.
Disability Living Allowance

If your stay abroad is temporary, including a holiday, you can usually continue getting Disability Living Allowance (DLA) for 26 weeks.
You may be able to continue getting DLA for longer if you are going abroad for medical treatment for your illness or disability. Your stay must still be temporary.

Going abroad permanently

If you are going abroad permanently you may be able to carry on getting DLA (care component only) if you move to a country in the European Economic Area or to Switzerland.


http://www.direct.gov.uk/en/DisabledPeople/TravelHolidaysAndBreaks/PlanningATrip/DG_4017244

bungle4by4

if your health has improved, why do you need the DLA?

abc123456

bungle4by4 wrote: »

if your health has improved, why do you need the DLA?

This is a question about DLA, not about my health, which is none of your business!

abc123456

DX2 wrote: »

Sounds like they think you ain't staying in France permanently.
Disability Living Allowance

If your stay abroad is temporary, including a holiday, you can usually continue getting Disability Living Allowance (DLA) for 26 weeks.
You may be able to continue getting DLA for longer if you are going abroad for medical treatment for your illness or disability. Your stay must still be temporary.

Going abroad permanently

If you are going abroad permanently you may be able to carry on getting DLA (care component only) if you move to a country in the European Economic Area or to Switzerland.


http://www.direct.gov.uk/en/DisabledPeople/TravelHolidaysAndBreaks/PlanningATrip/DG_4017244

Yes, that is what I am thinking. They had already been told the move was permanent and the letter they sent me in June states the move is permanent. Also, they would not have removed my entitlement for DLA mobility had the stay been temporary either. So, I do think they have made an error.

Oldernotwiser

abc123456 wrote: »

This is a question about DLA, not about my health, which is none of your business!

How rude, when you're asking for people's help!

hobbledehoy.

abc123456 wrote: »

I am lucky enough to have been able to move to France for a better climate to improve my health, however, my 4 weekly DLA benefit has not been paid this month, and unfortunately, I depend on it.

I am at a loss to understand why this has happened. No letter, no notification and no warning. When I contacted the UK DLA benefit helpline yesterday, they were just as vague. I am wondering if anyone has experience or information regarding this "6 month rule" that the helpline person talked about.

Basically, I exported my DLA benefit (care) when I moved over here 7 months ago. I received the confirmatory letter from DWP 2 months later (June) saying that I remain entitled to the DLA Care payment and this would continue to be paid whilst I am living here in France. I continued to receive my 4 weekly payment.

In December, there was no payment, so I called the DLA helpline and was told the DLA payment was suspended as the DWP would only pay the first 6 months whilst I was living in France. I told them the confirmatory letter I received in June made no reference to any 6 month "rule", neither was there anything I could see on the Internet which would confirm this. The helpline lady told me the payments were suspended after 6 months for them to look at my National Insurance contributions, which I presumed they had already done so to decide whether the DLA was exportable in the first place! There is now no telephone number available to speak to the Exportability Team who deal with this and the helpline lady refused to put me through to them, saying that I would have to probably wait several months for a decision.

My wife receives Carers Allowance based on the fact I receive DLA and this has continued.

Does anyone have any knowledge of this? Any advice would be appreciated.

Hello,

I think you might find the answer in the court case that has been raging for the past 12 months or more. The EU has found UK guilty of not complying with EU law that benefits are fully exportable for UK citizens and that you can reside in the EU and apply and get it even though the last time you came to the UK may have been years ago.

As EU law goes, if you are a UK citizen you should and are entitled to certain benefits even though you have no intention of going back to the UK.
If the UK gov. had their way, they would stop everything including the OAP as soon as you left these shores!

The UK failed in their appeal against the judgement in October I think, and true to form the UK are putting every obstacle it can up yet still remain within the confines of the European Court Ruling.

There is a lot about this on the web!

System

possibly as you no longer live in the uk you are no longer entitled to benefits ,there was a story on tv about DWP stopping ex pats claiming uk benefits which is only right as far as im concerned !

abc123456

Oldernotwiser wrote: »

How rude, when you're asking for people's help!

I was asking for help to answer the question relating to DLA payment suspension, not to debate whether my health had improved. I suggest you read the post before you pass comment like that, and call people rude.

abc123456

hobbledehoy. wrote: »

Hello,

I think you might find the answer in the court case that has been raging for the past 12 months or more. The EU has found UK guilty of not complying with EU law that benefits are fully exportable for UK citizens and that you can reside in the EU and apply and get it even though the last time you came to the UK may have been years ago.

As EU law goes, if you are a UK citizen you should and are entitled to certain benefits even though you have no intention of going back to the UK.
If the UK gov. had their way, they would stop everything including the OAP as soon as you left these shores!

The UK failed in their appeal against the judgement in October I think, and true to form the UK are putting every obstacle it can up yet still remain within the confines of the European Court Ruling.

There is a lot about this on the web!

I do not think it is that. I did receive a letter from the DWP a few months ago saying that I would continue to receive payments indefinitely due to my permanent residence in France. Also as a result of the permanent residence, I was no longer entitled to the mobility component and that stopped.
I cannot find anything anywhere that says that payments are suspended after 6 months of permanent residence, so i do think they have made an error.

abc123456

CHRISSYG wrote: »

possibly as you no longer live in the uk you are no longer entitled to benefits ,there was a story on tv about DWP stopping ex pats claiming uk benefits which is only right as far as im concerned !

No, that is wrong ChrissyG...I am entitled to the payment..that is the law. As for stopping benefits if you leave the country..I respect your opinion, but I still pay income tax in the UK, contribute to National Insurance in the UK and worked in a high tax paying job for 30+ years before being severely injured in the course of that work and losing that employment....so I have no qualms of receiving a benefit that I have paid into for all those years..that is what it is for.