DLA advice for someone living in Spain.

campogirly

Hello all, I wonder if anyone on here is in a similar situation to me and can offer some advice. 

I have been receiving DLA for approximately 40 years and when I moved to Spain 20 years ago I continued to receive the care component but they discontinued the mobility component.

Now my husband has died and I have had to sell my house as I couldn't continue to live there without him due to my disability. 

Those who turned 65 before April 8th 2013 continue to receive DLA but those who turn 65 after that date - which applies to me - are gradually being moved on to PIP and I think that I saw somewhere that those living abroad are not eligible for it.

I am worried sick that when I contact the DWP to notify them of my change of address that they will stop paying me.  I depend on that money to pay towards someone to help me and I'm constantly in tears and unable to sleep for worrying about it.

Savvy_Sue

I am sorry for your loss. I think it would be worth you looking for an expat forum to post on, where you might find others who've been through something similar. 

Emmia

You probably also need to consider that once the transition period is over, you may lose eligibility to DLA / PIP because you've not been resident in the UK for many, many years. 

Have you looked into whether you may be eligible for benefits in Spain instead? & (I'm sorry if you think this is scaremongering) are you sure that you'll be able to continue living in Spain after the end of the year?

Galloglass

(I'm sorry if you think this is scaremongering)

There are a lot of uncertainties which are actually added to by the governments own information.
https://www.gov.uk/guidance/benefits-and-pensions-for-uk-nationals-in-the-eea-or-switzerland?

Benefits

The Government is seeking to agree new rules with the EU to resemble the rules we have with non-EU countries. The rules depend on negotiations and may change. This includes but is not limited to:

• stopping the payment of Child Benefit for those not covered by the Withdrawal Agreement

• changing to rules governing the payment of other benefits abroad for example disability benefits, for those not covered by the Withdrawal Agreement

Someone else has pointed to this site and although it looks like a local CAB, I don't think it is. But at least they will be able to point you in the correct direction if you intend to stay

https://www.citizensadvice.org.es/

apb123

I am sorry you are having such a difficult time.

You may loose eligibility for UK benefits having lived in Spain for so long, have you looked whether you would be eligible for Spanish disability benefit (if they have such a thing?)

Emmia

In terms of Spanish benefits - there is some information (in English) published on the EU Commission's website which may be of use. There are also some helpful links to pages published by the Spanish government. 
https://ec.europa.eu/social/main.jsp?catId=1129&langId=en&intPageId=4799

calcotti

As far as I can tell while the UK was part of the EEA and during the current transition period you would have been able to transfer from DLA to PIP or indeed to make a new claim. Normally disability benefits can only be paid during a temporary absence overseas - the rules were different for EEA.

I believe the intention is that the existing arrangements will continue after 1st January but with so much up in the air and the apparent unwillingness of out government to follow through on things they previously agreed who knows.

Emmia

calcotti said:

As far as I can tell while the UK was part of the EEA and during the current transition period you would have been able to transfer from DLA to PIP or indeed to make a new claim. Normally disability benefits can only be paid during a temporary absence overseas - the rules were different for EEA.

I believe the intention is that the existing arrangements will continue after 1st January but with so much up in the air and the apparent unwillingness of out government to follow through on things they previously agreed who knows.

The UK was part of the EU rather than the EEA - EEA members (like Norway) have fewer "rights" when it comes to things like making the laws, rules and regulations that Member States follow, but also a degree of independence. 

We could have left the EU and joined the EEA which would have pretty much preserved the status quo of membership  (the UK would have become a rule taker, rather than a maker in that scenario) but the ideology of Brexit, the interpretation of the referendum result and 2 general elections indicates people want a total and complete separation.

Icequeen1

Emmia said:

calcotti said:

As far as I can tell while the UK was part of the EEA and during the current transition period you would have been able to transfer from DLA to PIP or indeed to make a new claim. Normally disability benefits can only be paid during a temporary absence overseas - the rules were different for EEA.

I believe the intention is that the existing arrangements will continue after 1st January but with so much up in the air and the apparent unwillingness of out government to follow through on things they previously agreed who knows.

The UK was part of the EU rather than the EEA - EEA members (like Norway) have fewer "rights" when it comes to things like making the laws, rules and regulations that Member States follow, but also a degree of independence. 

We could have left the EU and joined the EEA which would have pretty much preserved the status quo of membership  (the UK would have become a rule taker, rather than a maker in that scenario) but the ideology of Brexit, the interpretation of the referendum result and 2 general elections indicates people want a total and complete separation.

GOV.UK disagrees - https://www.gov.uk/eu-eea - EEA is EU countries plus some other countries. 

unforeseen

Icequeen1 said:

Emmia said:

calcotti said:

As far as I can tell while the UK was part of the EEA and during the current transition period you would have been able to transfer from DLA to PIP or indeed to make a new claim. Normally disability benefits can only be paid during a temporary absence overseas - the rules were different for EEA.

I believe the intention is that the existing arrangements will continue after 1st January but with so much up in the air and the apparent unwillingness of out government to follow through on things they previously agreed who knows.

The UK was part of the EU rather than the EEA - EEA members (like Norway) have fewer "rights" when it comes to things like making the laws, rules and regulations that Member States follow, but also a degree of independence. 

We could have left the EU and joined the EEA which would have pretty much preserved the status quo of membership  (the UK would have become a rule taker, rather than a maker in that scenario) but the ideology of Brexit, the interpretation of the referendum result and 2 general elections indicates people want a total and complete separation.

GOV.UK disagrees - https://www.gov.uk/eu-eea - EEA is EU countries plus some other countries. 

That is also the EU's definition. EU members plus EFTA countries minus Switzerland

OhWow

Emmia said:

In terms of Spanish benefits - there is some information (in English) published on the EU Commission's website which may be of use. There are also some helpful links to pages published by the Spanish government. 
https://ec.europa.eu/social/main.jsp?catId=1129&langId=en&intPageId=4799

OP should also look at getting advice on securing her status in Spain and applying for Spanish citizenship.

The agreement was that the 1 million 200 thousand Brits using free movement in the other 31 countries, could stay in that country, as long as the UK let the 4 million plus EU, EEA and Swiss citizens stay in their UK with their non-EEA citizen families.

Although the UK has set up their system for this and over 3 million have already received permission to stay in the UK, it appears that some/many of the 27 EU countries are slow to set up their system and time is running out for the Brits in their country. Some will have already applied and been granted British citizenship, just as Brits in the EEA countries and Switzerland would have done

The UK has made separate deals with (Iceland, Liechtenstein and Norway (EEA countries not in the EU) and Switzerland, for their citizens in the UK and for Brits in their countries.

As Spain is one of the 27 EU countries, the OP needs to ask on Spanish forums how to secure her stay in Spain/if Spain has organised their system yet, as time is running out. The Spanish forums should be able to guide her.