Page 2 Sickness and disability benefits from the UK
No one can say for sure what decisions the British Government will make in 2 years time regarding the rights of UK citizens living abroad to claim sickness and disability benefits.
I am a qualified Welfare Rights Officer with 34 years' experience and I help people living in Spain to claim certain health related benefits from the UK. There is currently no change to this entitlement and I would urge people who think they may be entitled to do something about it now. At least you know you will have the benefit in place for the next 2 years while Britain extracts its self from the EU.
In my opinion there is a strong possibility that once the UK has completed this process certain benefits such as Attendance Allowance, Carers Allowance and Disability Living Allowance (Care component) will no longer be exportable from the UK.
I base this opinion on historical fact. In 1992 the British Government reclassified these benefits, ruling that these benefits were no longer exportable. Payment of these benefits to UK citizens living in other EEC countries was stopped.
Due to changes in case law over a number of years the classification of these benefits was reviewed by the Commission of European Communities. They advised the UK Government of this in 2007 and instructed them to reinstate the right to receive these benefits to UK citizens living within the EEC. The British Government objected and the Commission was forced to appeal to the European Court of Justice. In 2010 the court ruled in favour of the European Commission that these benefits were exportable and the UK Government had no choice but to comply.
When the UK is no longer a part of the EEC it would seem logical to me that this subject will be re-visited. Given the fact that the UK Government fought the exportation of these benefits for 3 years through the European Court, I am not confident that they will continue to pay these benefits when they are independent.
This of course is just my opinion based on the facts as I see them and many people may disagree with my rather pessimistic outlook.
Whether you agree with me or not, if you have a serious health problem and you think there is a possibility that you may qualify for Attendance Allowance or a Carers Allowance, please do something about it now.
Gill Thomson - G & G Services. Telephone 664 160 578.
QF Focus Magazine
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