WINTER FUEL PAYMENT - ACTION!

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Mr David Burrage the legal advisor and co-founder of the Spanish Expatriates Association www.ukgovabusesexpats.co.uk 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 . 

EXTRACT

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EU Commision's press release on this 25-07-2011-click-. 

What does all this mean?

 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.

You can download the claim form from the Internet on this link http://www.direct.gov.uk/prod_consum_dg/groups/dg_digitalassets/@dg/@en/@over50/documents/digitalasset/dg_198683.pdf.

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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Benefits Paid Abroad

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The Blog site (Brian Cave, organiser) is most grateful to David Burrage legal advisor to the Association for the British Expatriates in Spain for distributing the following information.

This is a Legal Statement from the EU threatening Britain with action before the European Court of Justice if Britain does not comply with the law to pay the sickness benefits to expatriates.

PRESS RELEASE from BRUSSELS. 24th June 2010
View here

Explanation of the Press Release from the Spanish Association document:-

Social security: EU takes action to guarantee care benefits for Britons abroad

The European Commission has sent a formal request to the United Kingdom to pay care benefits to Britons – often pensioners – residing abroad in accordance with its obligations under EU law. Under EU rules, Disability Living Allowance, Attendance Allowance and Carer's Allowance are considered 'sickness cash benefits', which UK citizens resident in another EU country are also entitled to receive. The UK authorities now have two months to respond to the request, which takes the form of a 'reasoned opinion' under EU infringement procedures. In the absence of a satisfactory response from the UK authorities, the Commission may refer the matter to the EU's Court of Justice.

The right to live and work in any other European country is a fundamental right of the EU. As part of this, the EU guarantees people the right to social security coverage if they move elsewhere in Europe.

In the UK system, Disability Living Allowance, Attendance Allowance and Career's Allowance are benefits which provide protection for people in need of personal care and people who look after them. Under EU rules on coordination of social security, UK citizens are entitled to receive these benefits when they are resident in another EU country.

However, in some cases, and contrary to the principle of free movement, the UK applies conditions on residence for the three benefits. In particular, among other requirements, the benefits can be conditional on the claimant having spent 26 of the previous 52 weeks in the UK (past presence test). This effectively contravenes the provisions of the EU system for coordinating social security benefits and infringes the rights of citizens living in another EU country.

Background

The Court of Justice of the European Union has ruled (in case C-299/05 on 18 October 2007) that Disability Living Allowance, Attendance Allowance and Career's Allowance count as sickness cash benefits. They are therefore exportable according to EU provisions on coordination of social security (EU Regulation 1408/71 and Regulation 883/04).

Further information

Your social security rights in the EU
View here