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British client- 20 years on DLA- now told not entitled to daily living component due to migrating to PIP due to Holland being competent state.
Hi all,
I have a British client who lived and worked in Holland till 1997 - he was awarded what appears to be Dutch Incapacity benefit (UDV?) due to his work, he then came back to the UK. And was living on UDV and DLA- MRC &HRM; he had an indefinite award he has recently been invited to apply for PIP.
On being migrated to PIP he has just received a call from a PIP decision maker who has stated that he will only be awarded the mobility component of PIP and that he should not have been awarded the care component of DLA in the first place and would not be awarded the daily living component of PIP.
Has anyone came across this before? And what rules do you think they are using to come up with this decision. I have asked client to ask for a decision letter- about how the DWP came to this conclusion.
[ Edited: 9 May 2019 at 08:53 am by ub40worker ]It looks like they are saying that under the EU co-ordination rules, the Netherlands is the competent state for paying ( the Dutch equivalent of) the daily living component ( which is classified as a sickness benefit).
The care component of DLA was an invalidity benefit until 1 June 1992. It was subsequently classified as a sickness benefit.
Sickness benefits are exportable
The mobility component is classified as a special non contributory benefit which payable only in the state where the person is resident and is not exportable.
The UK is therefore the competent state for paying the mobility component
[ Edited: 8 May 2019 at 06:03 pm by Stainsby ]It looks like they are saying that under the EU co-ordination rules, the Netherlands is the competent state for paying ( the Dutch equivalent of) the daily living component ( which is classified as a sickness benefit).
The care component of DLA was an invalidity benefit until 1 June 1992. It was subsequently classified as a sickness benefit.
Sickness benefits are exportable
The mobility component is classified as a special non contributory benefit which payable only in the state where the person is resident and is not exportable.
The UK is therefore the competent state for paying the mobility component
Thanks for your reply Stainsby.
So if they are right about the Dutch being the competent state for paying the (the dutch equivalent of) the daily living component- he would make an application to the Dutch for this? Does anyone have much experience of this? I worry though as he has been receiving the care component of DLA for over 20 years that perhaps the Dutch may say that since he is not a Dutch Citizen nor has lived there in the last 20 years that he does not meet their criteria. Also I am hoping the DWP don’t now try and chase him for an overpayment of benefit going back over 20 years.
The DWP should by rights liaise with the Dutch authorities and send the claim for the daily living component to them
I think it would be unlikely that the. UK DWP could say that there was a recoverable overpayment of the care component of DLA if they were paying into a Dutch bank account.
The DWP should by rights liaise with the Dutch authorities and send the claim for the daily living component to them
I think it would be unlikely that the. UK DWP could say that there was a recoverable overpayment of the care component of DLA if they were paying into a Dutch bank account.
Thanks for that. Yes will be interesting to see how they liase with the Dutch authorities. I believe it was paid into a UK bank account when he came back to the UK.
One thing to watch out for is that the DLA claim form has specific questions about entitlement to benefits from another EEA state or Switzerland
If he was getting the Dutch benefit at the time he claimed DLA and did not declare it, or subsequently did not report a change of circumstances when he became entitled to the benefit, there could be trouble
One thing to watch out for is that the DLA claim form has specific questions about entitlement to benefits from another EEA state or Switzerland
If he was getting the Dutch benefit at the time he claimed DLA and did not declare it, or subsequently did not report a change of circumstances when he became entitled to the benefit, there could be trouble
Ok ta noted.