The Island syndrome of Iain Duncan Smith.

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There is a sad debate in Britain.

Frankly - you can skip the following  links  and begin at the >>>*  unless you have a mind to explore the matter deeply.

It all begins with…..

http://uk.news.yahoo.com/benefits-row-could-cost-uk-2bn-051142015.html

but it continues with a much more thorough examination in

http://www.economist.com/blogs/bagehot/2011/09/britain-and-eu-2

In Brief:-

It is all to do with whether EU nationals can immigrate into the UK and immediately claim social benefits at the expense of the UK.  Well they can’t.   EU nationals have to  be an ‘habitual resident’ to claim any benefits –  What is an ‘habitual resident’ is the deciding point!  Essentially it is one who has contributed to the British Society.

Iain Duncan Smith (IDS) said: "The EU settlement is supposed to protect the right of member states to make their own social security arrangements. But we are now seeing a rising tide of judgements from the European institutions using other legal avenues to erode away these rights, and we should be gravely concerned."

>>>* … IDS added: "As if this week's decision was not bad enough, we are also fighting increasing demands for the UK to pay benefits to those who have long since moved abroad, and who may never have made more than a token contribution to UK society."

There is a sad suppurating syndrome exposed in these misleading words, rampant in Britain.  It generates antipathy to those who have emigrated.   I would wish IDS to meet some of our British expatriate friends. All retired to France to explore new horizons.  They are all dependent on the UK Social Security system for their State Pensions.  France asks the UK to pay for their health care.  They are neither scroungers on France nor the UK.  But being long term contributors to the British Social Security system they deserve the support and recognition of THEIR  Government, which is the British Government.  If they deserve certain benefits as they grow older then they also should receive them now they live in Europe.

There is the chap who was grievously wounded at the age of ten, but with extraordinary courage developed a career in the construction trade.

There is the  ex-officer  of the army who served the UK throughout the world.

There is the fireman who had a career in service in the UK.

There is the schoolteacher who came to live near her daughter after retirement. She has an extremely small income. Now she is in her 80’s and because she emigrated before 1998 she does not receive the £300 Winter Fuel Payment (WFP)

There is the woman with a career as a district nurse in Norfolk.

There is the career policeman. He, because he came to France before obtaining the WFP in England also looses out on the WFP.

IDS! I ask of you .. Do these people, stalwarts of England, who promulgate the British culture in Europe not deserve the support of the British Government?

The antipathy in Britain towards those who have emigrated to Europe is a festering fungus which eats at the sensibilities of the resident British public.  Politicians who in any way nurture this fungus should be ashamed. Forgive them- Do they know what they are doing?

[Fellow citizens - Claim your right to Representation in Britain by clicking here.]

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

DLA, Attendance or Carer’s Allowances -- Pensioners AND OTHERS who have been deprived of their rights by the action of Whitehall! ACT!

To return to introductory posting of this blog.(Four Concerns)... click

This posting is now out-of -date but is retained for interest. - More recent postings on benefits (see Index) should be read.

On February 24th it seemed that much has been achieved.
Please refer to the Concern 1 links.
The matter still lies in limbo-land.
Read the sterling efforts of Roger Gale M.P.

Letter from Tima Hamilton...
Along with some fellow campaigners, we have decided on an email "bombing campaign" to force the DWP/Exportability Team to sit up and take notice. Here is what we would like people to do:

"For those who adhered to the Exportability Team's advice that "there is no need to contact us again on this matter", may I suggest that this is totally ignored (as we are!) and that all affected parties send an email demanding the reinstatement and back payment of their DLA (care component), Carers or Attendance Allowance in accordance with ECJ ruling C-299/05 of 18 October 2007. NOTE: Make sure that you put the email for the personal attention of: Ms Kettle.

regards Tina Hamilton

You can also refer to the reply made to the House of Commons on 2 February, during questions to the Works and Pensions team, by Ms Rosie Winterton (to MP Roger Gale's question see http://www.youtube.com/watch?v=5u6dE0uETsI), whereby she stated:

"We have been clear that if people claimed the benefit before they moved abroad, they are entitled to continue to claim it."

This statement has been reiterated in a letter to Roger Gale, a copy of which can be downloaded from: http://www.paysansgrigny.com/dla-campaign.html and attached to your email.

The email address (in case you don't have it to hand) is:
EXPORTABILITY.TEAM@DWP.GSI.GOV.UK

In addition, copy the same email to the following two address:

ministers@dwp.gsi.gov.uk
This is the email address for Minister for Pensions, Ms Winterton's office.

dcpu.customer-services@dwp.gsi.gov.uk
This is the email address to make official complaints to in respect to the Exportability Team (and any other DWP department).

When you receive the bog standard excuse from the Exportability Team, send a copy of their reply to with a suitable complaint to the customer services address (line above)."