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Top Disability related benefits topic #7593

Subject: "DLA and child living in EU" First topic | Last topic
Tony Bowman
                              

Welfare Rights Advisor, Reading Community Welfare Rights Unit
Member since
25th Nov 2004

DLA and child living in EU
Thu 11-Mar-10 12:50 PM

My client wants to claim DLA for her child living in Latvia.

My initial conclusions are that the mobility component is a no-no and the care component is exportable, but entitlement cannot be established if the disabled person has never lived in the UK as the 'presence' conditions cannot be met. However, I am uncertain - especially in relation to the care component.

Any offers appreciated,

Thanks,

  

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Replies to this topic
RE: DLA and child living in EU, ariadne2, 11th Mar 2010, #1
RE: DLA and child living in EU, Tony Bowman, 16th Mar 2010, #2

ariadne2
                              

Welfare lawyer and social policy collator, Basingstoke CAB
Member since
13th Mar 2007

RE: DLA and child living in EU
Thu 11-Mar-10 08:16 PM

Fundamental problem: your client is not claiming DLA, the child is (the parent is only acting as an agent for the child). Issues of a claimant being able to export the benefit don't arise. You can't export a benefit which you by definition can't claim.

  

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Tony Bowman
                              

Welfare Rights Advisor, Reading Community Welfare Rights Unit
Member since
25th Nov 2004

RE: DLA and child living in EU
Tue 16-Mar-10 12:12 PM

So would you have a go at the question assuming the child claims...

Thanks,

  

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Top Disability related benefits topic #7593First topic | Last topic