Sunday, September 11, 2011


Mr David Burrage the legal advisor and co-founder of the Spanish Expatriates Association informs me that it is his opinion that all elderly Britons  in Europe should receive this benefit (with provisos as described below).

I extract the following from his information.  Some important elements are highlighted . 
 Put simply we take the view that where the UK is and has remained the Competent State for the award of social security benefits. That is;

(a) Where you have not activated social security rights through some economic activity in another relevant State  and where;

(b) You have a social security linking with the UK through;

(i) Past residence,
(ii) Past social security contributions,
(iii) Previous NI credits or,
(iv) Where you are in receipt of some other social security benefit, including your State ‘old age‘ pension and

(c) You have attained the age of 60 years in the qualifying year 2011/2012 providing you were born before 5 January 1951.

Then you are entitled to make a first claim, even though you may be resident outside the UK and elsewhere within the EEA or Switzerland.

Send the completed form to DWP, PO Box 10142, Annesley, Nottingham NG15 5WY. You should also send your original birth certificate.
Always keep copies and send any correspondence by certificated mail.

We suspect that the DWP will currently be in denial of the most recent case law of the ECJ and will refuse your claim on the erroneous basis that you were not ordinarily resident in GB at the date of your claim. Nevertheless, if you are to complain the matter, then you can do so following any refusal of your claim.

We have briefly addressed this matter to the Commission in the light of their recent press release  and await their response. 
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