Results 1 to 9 of 9

Thread: DLA living Abroad

  1. #1
    New Member
    Join Date
    Jul 2012
    Posts
    4

    DLA living Abroad

    Hello and good evening this is my first post and please can anybody help me with this question i have just moved my family to spain and i have a son who has a disability and was diagnosed with it about 7 months ago ,but it has been going on for years as we were not sure what it was and a lot of tests were getting done as he got older he is 5 now ,and it has been diagnosed over there too, My question is can we claim DLA for him over there as i am working in the uk for 6 months and pay my taxes here but i go 6 months a year to spain , your input will be much appreciated :

  2. #2
    davewhit
    Guest
    Quote Originally Posted by cfc View Post
    Hello and good evening this is my first post and please can anybody help me with this question i have just moved my family to spain and i have a son who has a disability and was diagnosed with it about 7 months ago ,but it has been going on for years as we were not sure what it was and a lot of tests were getting done as he got older he is 5 now ,and it has been diagnosed over there too, My question is can we claim DLA for him over there as i am working in the uk for 6 months and pay my taxes here but i go 6 months a year to spain , your input will be much appreciated :
    You should contact the Exportability Team if you want to make a claim for DLA in Spain. You can email them at exportabilityteam@dwp.gsi.gov.uk or write to them at PDCS, Warbreck House, Warbreck Hill Rd, Blackpool, FY2 0YE.

  3. #3
    Senior Member
    Join Date
    Jan 2012
    Posts
    1,803
    You will be able to claim the care component but not the mobility component. You may also be able to continue to get Child benefit. I'm assuming that you have taken out private medical insurance in Spain, although if your son does qualify for certain UK benefits that may also entitle him to free care over there.

  4. #4
    New Member
    Join Date
    Jul 2012
    Posts
    4
    I phoned CAB today and they said i am not entitled to it as i am not living in the country as its not means tested , the person that is applying for it must be in the uk i am gutted ,as i had to move away to spain as my wife family were there to help with my son and i was getting no help in the uk ,is this a dead end road or can some body point me in the right direction , thanks great web site

  5. #5
    davewhit
    Guest
    Quote Originally Posted by cfc View Post
    I phoned CAB today and they said i am not entitled to it as i am not living in the country as its not means tested , the person that is applying for it must be in the uk i am gutted ,as i had to move away to spain as my wife family were there to help with my son and i was getting no help in the uk ,is this a dead end road or can some body point me in the right direction , thanks great web site
    what can spain offer ?

  6. #6
    Senior Member
    Join Date
    Jun 2011
    Posts
    387
    DLA is one of those benefits which can only be claimed while the claimant is resident in the UK. After it is awarded the usual 'exporting' of benefits rules apply - but to get it in the first place the claimant must be 'ordinarily resident'.
    I honestly don't know what could be claimed in Spain - but suspect that there could be similar probelms in reverse, because as the father you are not going to be classed as resident there.
    You would need to ask about that in Spain, and please get back to us when you get an answer. This is an unusual situation, but at the same time it is one which should be covered by EU legislation, so please don't give up on it.
    As the main wage earner my guess is that your family - ie dependant and underage children - should be classed in the same way as you are. That is only my view and might be something which needs to be challenged in law. But please persue this because it might just be something which the UK benefits system has overlooked.

  7. #7
    New Member
    Join Date
    Jul 2012
    Posts
    4
    Thank you i will get back to you on this one as i feel so sicked by the whole thing , my son has aurtisim and it so sad that you have to move from your own country( yes my choice ) to another and lose all benifits that you are entilted to ,just to get a little extra help with him from family members ,(my wife cant go to work as she is his carer,) were as my own country there was no help at all !!! and i am sure that we will get nothing in spain as they are very strict what they give out ,not llike our country when anything and anybody goes will get something from easy Britian sorry for the bad rant at the End !!!!

  8. #8
    Senior Member
    Join Date
    Jan 2012
    Posts
    1,803
    cfc,
    Sorry I thought you may have had DLA before moving.
    This is a tricky one and I wouldn't want to go against what CAB have said but somewhere I recall poeple being able to claim from abroad.
    There was a big who ha some years ago when DLA was stopped for EU emmigrants but this was challenged and it was over ruled.
    The grounds being that if you were entitled to the benefit in the UK you should still be entitled whilst in the EU. I think the other point is that as it's your son you would have to apply on his behalf and you are normally resident in the UK. I think it would not hurt to dig into this a bit deeper, was it a CAB advisor or CAB solicitor? that may be the way to go.
    As you are probably aware help in Spain is pretty much non existent, although I note you say that your wife is from Spain, if so then she could apply for financial help through sevicio social and depending on the severity of your sons illness could claim disability payments. They usually take about 2 years to settle claims and you have to go in front of court judges but if successful, then it is for life.

  9. #9
    New Member
    Join Date
    Jul 2012
    Posts
    4
    Thanks very much for your wise words i will dig deeper with this, and if anything comes of it i willl post back and thanks again

Similar Threads

  1. Going abroad outside of the EU while on ESA
    By tnemelE in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 7
    Last Post: 20-11-13, 22:40
  2. Going abroad??? Am I a now crook? I paln to go abroad soon for a month.
    By Blackball in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 61
    Last Post: 20-07-13, 14:58
  3. DLA and ESA Abroad?
    By lastfirst in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 2
    Last Post: 22-11-12, 10:02
  4. Are we better off living abroad?
    By mikeydt1 in forum News and general discussion
    Replies: 2
    Last Post: 01-07-12, 16:22
  5. Can I get my Benefits abroad?
    By lastfirst in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 3
    Last Post: 08-05-12, 15:12

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •