UK in dock over disabled benefit

BRITAIN is facing legal action by the European Commission over its refusal to reinstate disability benefits wrongly taken away from expats when they moved to France.

The commission said the UK’s demand that claimants must have spent 26 of the last 52 weeks in the UK breaches EU rules.

Many expats appealing UK refusals have been told their cases may be put on hold pending the result of four linked test cases. These were due to be heard this month but have been delayed until March.

The Department for Work and Pensions (DWP) says it is likely to appeal if it loses. More individual hearings may be required after the test cases, a DWP spokeswoman said.

Judith Brown from Finistère said her mother, who is 98 and suffering from dementia, was refused on the 26-week rule.

Mrs Brown said: “Due to her age, she’s not physically able to travel to the UK.

“Looking after her is very wearing. Extra cash would pay for a sitter so my husband and I could have an occasional day out.” The European Court of Justice (ECJ) ruled in 2007 that the UK had been wrong to cut off benefits like disability living allowance (DLA), which should, it said, be “exportable.”

UK MP Roger Gale, who has lodged a question to Prime Minister Gordon Brown on the subject, said: “He should acknowledge the UK is in breach of the law and pay benefits due without further delay.

“It is a disgrace to deny lawful payments to ill and mainly elderly claimants.” He says payments should be backdated.

In at least two cases, UK tribunal judges have ruled in favour of restoration.

However this has not led to a generalised change.

DLA campaigner Tina Hamilton said her husband John is among the test cases. His appeal was due in November but postponed because the DWP said they did not have anyone free to attend.

Mrs Hamilton, from Pas-de-Calais, added that one of the test case expats was told by the DWP that they want 350 cases put on hold pending the outcome of their hearing.

She said: “One member of our campaign group is in a coma and has limited time left.

“We must have an early resolution to ensure no more claimants die before the UK does the honourable thing.”

A DWP spokeswoman said the UK has responded to the commission but its reply was confidential.

She said the reason for the 26-week test is that, as DLA is not contributions-based but usually residence-based, they believe that it is still reasonable for them to ask for evidence of a recent connection with the UK to justify receiving a potentially long-term benefit.

She said expats who have won tribunal cases appealed quickly, within the time limits in force at the time when they were first cut off.