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Thread: Exporting DLA for a Child

  1. #1
    New Member
    Join Date
    Apr 2014

    Exporting DLA for a Child

    Hi all,

    My 6 year old son has a diagnosis of ASD with Anxiety and he gets high rate care and low rate mobility as well as myself getting carers allowance for him.

    My family is all from Gibraltar and due to my parents retiring back there last year we are seriously considering moving over for family support and assistance. I have searched the internet, spoken to the DWP (I have to write them a letter) and emailled the exportability team (still waiting on a reply) but I am still unsure if we would be able to still receive the DLA support. I know that Gibraltar is one of their EU countries and I know that the mobility component will definitely not apply but all the information I find seems to be aimed at adults DLA and not a child. Has anyone/does anyone know someone, that has been able to export their child's DLA payments abroad? Also, were they able to do it on a permanent basis or only temporarily?

    Thank you so much for reading

  2. #2
    Senior Member
    Join Date
    Dec 2013
    Exportability of benefits is a notoriously complex area of law.

    My understanding is that Gibraltar is treated as an EEA member state for exportability purposes (let's not get into the technicalities of how Gibraltar's EU membership arises, as it's not important here).

    In principle, this means the DLA Care component and Carer's Allowance are exportable, but the DLA Mobility component is not. However, the issue of whether the UK would continue to be the competent state responsible for your son is extremely complex in this scenario, as it might turn on how the family support themselves financially in Gibraltar.

    This is a situation where I would not hesitate to take legal advice from a solicitor who is an expert in benefit and EU law and ideally has a track record in the area of exportability of benefits. You cannot rely on advice received from the DWP - if it later proves to be wrong, the law takes precedence and the advice you got from DWP is worthless. Ultimately, you might have to fight DWP is a complex area of law once you have committed to Gibraltar - in this case, you are in a stronger position if you acted on legal advice from a solicitor as there should be a sound legal footing for the advice you received and the solicitor must have professional indemnity insurance to cover negligence claims.

  3. #3
    New Member
    Join Date
    Apr 2014
    Thank you for your reply. I will investigate a bit further. I understand that every case is different but I wonder if anyone at all has got a child's benefits exported as I can find nothing at all on the Internet about it :-/

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