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D.L.A while living in another EEA country ...
A very warm greeting on a chilly Thursday morning and ...
... Have a cl who went to Spain with her son in 2007 and returned to UK several months ago, both of them receive D.L.A ... While in Spain her son was registered at a school and although cl was in receipt of I.B she was registered as employed at and owning shares in a family members medical centre. Cl states she was only registered as employed at family members medical centre due to Spanish law and that the shares in her name are worth nil pounds. She states that she and her son were living between Spain and the UK during this time but there is no evidence of her being resident at any address in the UK. Cl has stated that DWP have informed her they are not going to take any action against her in relation to her being in receipt of I.B while in Spain and I’m assuming this is because of reciprocal agreements between the UK and Spain.
cpag bfmh 254
Cl has now been notified that both she and her son have been overpaid D.L.A and is appealing this, and wants our help to do so.
On the face of it I feel that any appeal is going to be refused because of :
Cl and her son appear to not have been ordinarily resident in the UK between 2007 and recently.
Cl and son were not habitually resident in the UK.
cpag 1431, 1432
cpag bfmh 71 - 77
Have examined whether we could argue that hers and her son’s D.L.A could be exported between 2007 and recently, wow and hmmmmmm ? Although I believe there is a case, CDLA/753/2009, being considered by the Upper Tribunal at the moment re : exporting D.L.A to another EEa state ...
cpag bfmh 210 - 214
Any thoughts greatly appreciated and if your head was cold this morning hopefully this little teaser will warm your noggin ?
Have a good day all ...
Hmmmmm ...
Surely someone must have a thought on this ?
Have a good day all ...
As far as I am aware DLA Care component can be transported but not Mobility. so it depends…
The DLA care component is exportable for claimants with awards who move to another EEA country after 18.10.07. This was established by ECJ decision C-299/05 which ruled that the care component was a sickness benefit which can be exported. I understand CPAG are currently pursuing a test case to establish whether this decision should take effect from an earlier date (e.g. On 8.3.01 in Jauch C-215-99 the ECJ decided that an Austrian care benefit similar to DLA was a sickness benefit).
Also see the Lucy Stewart case C-503/09 published on 21.7.11 which covered making fresh claims for an affected benefit (of which DLA care component is one) whilst living in another EEA country. And DMG 19/12 which was published in response to the Lucy Stewart judgement.
According to the CPAG website the cae you referred to CDLA/735/2009 was heard by a tribunal of judges in the Upper Tribunal on 2/4/12 and a favourable decision published 19/7/12. They do not mention that this is being challenged further by the DWP… (Sorry I don’t know how to do a link, but it’s in the test cases section along with CDLA/2053/2011 which I mentioned)
here’s a link to CDLA/735/2009 -