A client is moving to live permanently in Spain. Can she take her DLA with her? She won't be receiving any treatment there.

If she can't, how can the family find out about benefits available in Spain?

Shona

Hi Shona,

I had a query similar to this just the other day.

Under EC law an invalidity benefit cannot be withdrawn solely because a claimant goes to live in another EEA country. Prior to 1.6.92 AA, DLA were classed as invalidity benefits for the purposes of EC law.

Therefore if the person was claiming DLA prior to this date and:

1) They satisfy all of the other conditions of entitlement to the benefit other than the residence and presence conditions AND
2) are currently working in the UK whether paying national insurance contributions or not OR
3) have worked in the UK as employed or self employed persons at any time OR
4) are a member of the family of another person who satisfied the conditions in 2 or 3

then they can export the DLA. (I got all of this from Decision makers guidance on DWP website Volume 2 Chapter 7 & Also talks about it in DRH).

After 1.6.92 DLA became a special non-contributory benefit payable only in the country of habitual residence. Therefore if the DLA was claimed after this date it wouldnt be exportable to Spain.

Hope this helps.

A person has to be present in GB for 26 weeks out of the last 52 weeks (with some exceptions) - For DLA a person is treated as present during any TEMPORARY absence abroad of less than 26 weeks - as your client is going to Spain permanently she would not be entitled unless she is a member of the armed forces serving abroad, crew of a UK ship, oil/gas rig etc etc.

It does not sound as if your client fits into any of these -

on the issue of benefits advice in Spain - well many years ago I suggested to my Director that I be sent to Europe for 10 weeks - a week in each of the then EC countries to find out about their benefits system but he thought I was looking for a cheap holiday! On a serious note try the Spanish Embassy but that would only give the 'official' version.

Quick Google reveals that you might want to look at these sites for some background on Spanish social security system:

http://www.mtas.es/consejerias/irlanda/working/socsec.htm

http://www.spainlawyer.com/guialegal/guialegal.cfm?IDCAPITULO=16010000

How old is the client? Age Concern have a branch in Spain (don't all rush to apply for jobs):

http://www.acespana.org

The client will be about 18 years of age when she moves with her family. She has a learning disability and autism and I don't know if she had any DLA prior to 1992. The current award was increased following a supersession last year so I don't know how this would be treated if she had had the previous award prior to 1992.

Thanks everyone, I'll pass on the website information to the family.

Shona