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Top Disability related benefits topic #2436

Subject: "Disability Benefits" First topic | Last topic
Kayley DRN
                              

Welfare Rights Advisor, Disability Rights Norfolk, Norfolk
Member since
03rd Nov 2005

Disability Benefits
Thu 03-Nov-05 03:01 PM

I have a client who works for the EU commission abroad. He pays UK tax and NI and is payed by the UK. He is a british national. His son has learning difficulties and physical health problems. Due to the 26 week linking rule, his son has lost his DLA. Neither the commission nor the Belgium authorities are willing to make any provisions for his son. The son is the only disabled child in a school run by the commission. They will not provide specialist transport.
He is not entitled to Belgium state funds due to British Nationality. Is there any way that he could have access to any benefits or state grants either here or in Belgium?

  

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keith venables
                              

welfare rights caseworker, leicester law centre
Member since
22nd Jan 2004

RE: Disability Benefits
Thu 03-Nov-05 03:11 PM

Donb't think there's any way round the UK rules for DLA. There are exceptions to the 26 week rule in DLA Reg 2(2) but they don't seem to apply.

Don't know anything about Belgian benefits but if the only reason he's being refused help is nationality it would seem to be a clear breach of the various EU anti-discrimination provisions - Art 12 of the EC treaty, Reg 1612/68 and Reg 1408/71. In the Trojani case Belgium was found to be unlawfully discriminating on grounds of nationality in refusing the minimex (roughly equivalent to income support I think) to a Freench citizen lawfully resident in Belgium. Might be worth a try, but it could be a long hard fight.

  

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