DLA advice for someone living in Spain.

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  • OhWow
    OhWow Posts: 387 Forumite
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    edited 14 July 2020 at 1:32PM
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    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. 

    I'm not sure what you disagree with as Emmia is correct. The UK could have left the EU and joined the EEA, but doesn't want to be part of either.

    There are the EU countries, the EEA countries and Switzerland, but the remaining 27 EU countries are also part of the EEA.

    The EEA  countries are Iceland, Liechtenstein and Norway, who are not EU members.

    Switzerland are not a member of the EU or the EEA. They withdrew their application to join the EU in June 2016, just before the UK voted to leave the EU.
    They rejected joining the EEA in 1992.





  • calcotti
    calcotti Posts: 15,696 Forumite
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    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.
    My understanding is that as a EU member we were part of EEA. I agree other options than those pursued by the government. However this is off point as far as OP is concerned, here issue is benefit entitlement and the benefit arrangements are, I think, EEA arrangements.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • OhWow
    OhWow Posts: 387 Forumite
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    edited 14 July 2020 at 2:12PM
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    calcotti 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.
    My understanding is that as a EU member we were part of EEA. I agree other options than those pursued by the government. However this is off point as far as OP is concerned, here issue is benefit entitlement and the benefit arrangements are, I think, EEA arrangements.

    That's correct and is what I have said above, EU countries are also EEA countries. Just as the EEA only countries are only part of the EEA and not part of the EU. And Switzerland is not part of the EU or the EEA but has Free Movement.

    I know this is about UK benefits in EEA countries and Switzerland after the end of the transition period. My concern is that the OP has secured her stay in Spain by that date. If she hasn't secured her stay yet under the UK/EU agreement, or obtained Spanish citizenship and if Spain is one of the 27 EU countries that is being slow to implement this agreement, she shoulld take advice on the forums for Brits living in Spain. 
  • Emmia
    Emmia Posts: 3,190 Forumite
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    edited 14 July 2020 at 5:49PM
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    I think it would be helpful if the OP @campogirly clarified her residency status in Spain. 

    Edit: the reason this is important is that the current guidance is that UK nationals will need a visa to stay for more than 90 days in a 180 day period after the end of the transition period - I'm not sure what the qualification criteria for a Spanish visa will be, but if the OP doesn't have residency already they may not qualify for a Visa and will need to return to the UK.

    This is a link to a summary table of the EU position.
    https://twitter.com/Usherwood/status/1282628257893031937

    Or the document published by the Comission: 
    https://ec.europa.eu/info/sites/info/files/brexit_files/info_site/com_2020_324_2_communication_from_commission_to_inst_en_0.pdf
     
  • calcotti
    calcotti Posts: 15,696 Forumite
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    OhWow said: That's correct and is what I have said above, EU countries are also EEA countries. Just as the EEA only countries are only part of the EEA and not part of the EU. And Switzerland is not part of the EU or the EEA but has Free Movement.

    I know this is about UK benefits in EEA countries and Switzerland after the end of the transition period. My concern is that the OP has secured her stay in Spain by that date. If she hasn't secured her stay yet under the UK/EU agreement, or obtained Spanish citizenship and if Spain is one of the 27 EU countries that is being slow to implement this agreement, she shoulld take advice on the forums for Brits living in Spain. 
    My reply was to Emmia rather than you (but somehow I managed to quote the wrong post!)
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • Pok3mon
    Pok3mon Posts: 163 Forumite
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    Hpefully this will be one of them things that end with brexit. Only pensions should be paid to people living abroad.
  • mrschaucer
    mrschaucer Posts: 953 Forumite
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    Here you go (if it works!)


  • Teahfc
    Teahfc Posts: 1,466 Forumite
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    Pok3mon said:
    Hpefully this will be one of them things that end with brexit. Only pensions should be paid to people living abroad.
    But that does not answer the question the OP asked.
    If you wish to comment on such off topic articles you need to be on the discussion board. 
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