Expats claiming benefits

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maddyone

Fleurpepper did you read Daddima’s link. It clearly states that AA is only payable to claimants living in the UK.

Not true.

If you’re moving permanently to an EEA country or Switzerland, you may be able to continue to receive AA, the daily living component of PIP or the care component of DLA.

www.independentage.org/get-advice/money/benefits/benefits-abroad#:~:text=Disability%20Benefits%3A%20Attendance%20Allowance%20%28AA%29%2C%20Personal%20Independence%20Payment

We don't know everything about the person's situation and we shouldn't be making allegations of fraud.

I was basing my comment on those above. So thanks, interesting indeed. I have never ever heard of anyone living in the EU who has been able to claim AA, legally or otherwise.

So the 'may' in your link is pretty vague. In what conditions, I wonder.

Thank you for the link.

two threads i posted on yesterday have been deleted, one was about moisturiser!

This looks like the link.
www.gov.uk/claim-benefits-abroad/disability-benefits
It says you can claim if subject to the withdrawal agreement so no good to anyone living "below the radar" Fleurpepper, you would have to have your residence card.

JaneJudge

two threads i posted on yesterday have been deleted, one was about moisturiser!

I posted on that thread - for the life of me I can't imagine why it was deleted!

The rules for benefit claimants are complicated.
Recently I spoke with someone British who had lived and worked all their lives in the UK, but retired to live in France. Now back in UK for good, they have to wait 6 months before being eligible for benefits. This is correct.
There were reciprocal benefits whilst we were in the EU, for some benefits, but I am not sure where they stand now.

Cabbie21

The rules for benefit claimants are complicated.
Recently I spoke with someone British who had lived and worked all their lives in the UK, but retired to live in France. Now back in UK for good, they have to wait 6 months before being eligible for benefits. This is correct.
There were reciprocal benefits whilst we were in the EU, for some benefits, but I am not sure where they stand now.

Which benefits are you talking about Cabbie21. Health cover is immediate, their state pension will still be from the UK and I believe pension credits can also be claimed.

Same question Cabbie21?

There could be a short delay, but rarely and not long

''Returning to the UK after living abroad

To qualify for certain benefits, including Universal Credit, British and Irish citizens, and people with settled status, must meet the Habitual Residence Test (HRT). If a person has been living outside of the Common Travel Area (the UK, Republic of Ireland, Channel Islands, and Isle of Man) they may not be able to satisfy the HRT immediately on their return to the UK and may not be able to receive benefits for a temporary period of up to three months. However, if the person was living within the Common Travel Area before returning to the UK, they should be considered to be habitually resident on arrival. ''

They were getting State Pension but everything else was on hold for 3 months. Meanwhile they were billed for health care in a UK hospital!
Sorry I cannot go into any more detail.

f you are a UK national living abroad and are returning to live in the UK, you will be able to use the NHS for your healthcare.

You will need to complete a GMS1 form to register with a GP near your home. See how to register with a GP practice
Prove you are eligible for free healthcare

The first time you have treatment anywhere in the NHS you will need to bring proof that you are eligible for free healthcare. You should bring at least two of the following documents:

Residence in the UK

Proof of your purchase of property or a tenancy agreement
Recent utility or council tax bill payment
UK bank account showing recent UK activity

Employment status

Payslip or letter from employer
Bank statement
Unique tax reference number
Documentation from your local job centre to show that you are receiving job-seekers allowance

You can also use documents that prove you no longer live abroad. For example, paperwork to show that you have:

sold or rented your house in your previous country of residence
terminated employment or studies in your previous country of residence
shipped goods or transferred assets to the UK
ended insurance policies and utility contracts

So you have to go through due process to show that you are not returning temporarily to use NHS, and show that you have severed ties with your previous residence abroad. Which is totally fair.

Except that as someone who had moved to France after retirement in the UK they should surely have had an S1 form, so no gap in their cover?

As I said earlier, I am not in a position to discuss this case. I just mentioned it to point out that there can be complexities.

maddyone

Fleurpepper did you read Daddima’s link. It clearly states that AA is only payable to claimants living in the UK.

Daddima’s link cuts off before the bit that says otherwise, though.

Cabbie21

As I said earlier, I am not in a position to discuss this case. I just mentioned it to point out that there can be complexities.

That's fine Cabbie21, but it sounds as if your friend may have been wrongly charged for treatment. The NHS overseas team in Newcastle are the people to consult in these situations.

Mamie

Except that as someone who had moved to France after retirement in the UK they should surely have had an S1 form, so no gap in their cover?

Yes, this is the key here. But you need to be of State retirement age, not just 'retired'.

Fleurpepper

Mamie

Except that as someone who had moved to France after retirement in the UK they should surely have had an S1 form, so no gap in their cover?

Yes, this is the key here. But you need to be of State retirement age, not just 'retired'.

True - I assumed "lived and worked all their lives in the UK" meant that they had reached OAP retirement age, but perhaps not.

Callistemon21

Many countries have a reciprocal arrangement where pensions are increased in line with those that UK pensioners receive.
I know that there is no reciprocal arrangement in Australia so the pension is fixed at the point it is when you leave.

However, if reciprocal arrangements are in place, then perhaps other benefits will apply too?

That being said, it is impossible to get even a Blue Badge when you actually live in the UK. Applying for Attendance Allowance etc is an insurmountable mountain.

Have you tried Callistemon? It isn't a "insurmountable" mountain but neither is it easy if you are not used to the language of benefits.

Get help. There is plenty out there (and on here) who will help you.

Keekaboo

I’ve just had a telephone call from my friend who is an expat living in Spain to tell me that, actually no, to boast to me that her partner is receiving around €400 per month Attendance Allowance from the UK Government. Due to his ailments.
I actually couldn’t believe it. She told me that it’s common where she is that there are actually people going around touting this benefit in the street and helping these expats fill in the 30 page form for a fee.
I am so angry about this and told her so I think it’s absolutely ridiculous. Then she said people here(in Spain) couldn’t manage to live on a pension. I said well how do you think we manage and they should come back to the UK and she replied we would not be able to get houses there are so many of us.
Then to add fuel to the fire she said and I quote “I mean we don’t get Winter fuel allowance” I replied YOU LIVE IN SPAIN! How dare you !
There are nurses and doctors etc all out on strike here and you are being allowed to take this money from our public purse just because you say you have paid your taxes to the uk. Absolutely astounding. “
Am I the only person who thinks this is absolutely atrocious,
Well I know I am not because I’ve told my other friends and they are all similarly shocked that this is happening.

I imagine this "friend" will be happy never to hear from you again.

Why is it wrong for anyone. who is eligible, to get this benefit just because they live in Spain? Would you keep them from accessing savings in a British account, just because they live in Spain? Your anger is irrational. They have paid in or they wouldn't be eligible.

I feel sorry for your "friend". She not only has to cope with her husband's increased needs in order for him to remain independent, but with your bile when she tells you about it.

Some friend you are!

Maggiemaybe

maddyone

Fleurpepper did you read Daddima’s link. It clearly states that AA is only payable to claimants living in the UK.

Daddima’s link cuts off before the bit that says otherwise, though.

You can qualify for Attendance Allowance if you live in Spain and used to live in the UK, so long as you were legally living in Spain before January 2021 (and can show that you fall under the UK/EU Withdrawal Agreement) and that you meet the other conditions regarding your support needs. 23 Nov 2022

This may be relevant.

👍👍DaisyAnne

Maddyone
You ask how they are assed if they are living abroad.
They will be notified by letter that there is going to be an assessment. That information is relayed to them from the address they are using in the uk then they jump on a plane.

Personal asessments are not common with AA, You fill in the form, send it off and it is assessed in the office by an assessor and you are informed of the result.

I have just seen, a UK based friend through the process successfully and she did not have any personal assessment and it is unlikely that her GP was contacted either.

You have to be 65 to claim AA, so anyone under that age cannot qualify for it.

As DaisyAnne shows there are British people in Spain, over the age of 65, who can quite legintimately claim this allowance.

If anyone has ever read the AA form, it is very detailed, very formulaic and not easy to complete if you do not know what is required and on many threads on GN we have advised those applying, to seek help from Age UK or Citizen's Advice, who know the language and what to say.

Having been a voluntary Benefit's Advisor with Age UK's predecessor, Age Concern, for some years, plus keeping my hand in since leaving them with friends and family (I have successfully completed a form for a friend in the last three months). I am up to date with what is required and I would be very unwilling to pay anyone to fill in a form for me, unless they could provide evidence that they had undergone some training,or had experience working as a benefits advisor for a body like Age UK or Citizens Advice, or the Pensions Agency.