Expat wins care benefit appeal

AN EXPAT Briton seeking restoration of a UK disability benefit has won an appeal.

Jason Taylor, 41, from the Mayenne, who suffers from diabetes, clinical depression and acute anxiety, has struggled on reduced means after his disability living allowance (DLA) was stopped when he joined his parents in France in 2005.

A tribunal has ruled that the UK government was wrong to reject his case after he reapplied for the benefit following a European Court of Justice ruling that said the UK should not have cut off the payment to those leaving the country.

The judge made a strict interpretation of a 2007 European Court of Justice ruling that the UK had been wrong to cut off such benefits which the ECJ judged to be of an “exportable” kind.

Many expats have been struggling to have benefits restored in the face of a slew of technicalities from the UK's Department for Work and Pensions.

Mr Taylor’s case was refused because he had not been in the UK in 26 out of the previous 52 – a technicality that excludes many expats and which has now been overridden by the tribunal ruling.

DLA comes in two parts – a care component that the UK now considers exportable (for those leaving now), and a mobility part, which it does not.

Mr Taylor’s father, Michael, said: “It is good news as the judge has said Jason should get his DLA restored – and back-dated to 2005 because it was stopped too early, while he was still deciding whether to stay with us or to go back to the UK.

"She also said she saw no reason why the mobility part should not be exportable, but she has sent that back to the European Court of Justice. Now the British government should pay up on the care part, unless they decide to appeal.”

A spokeswoman for the DLA Campaign – led by some of those affected by cancelled UK benefits – said this was good news and it came on top of a similar ruling for a man living in Germany in May this year.

“It seems this does not force the government to change its policies - these matters are dealt with one by one - but judges will consider it when deciding on similar cases in the future and it should help put pressure on the government,” she said.

DLA is for those who need help with personal care due to disabilities. The “mobility component” is currently worth £18.65 or £49.10 and the “care component” from £18.65 - £70.35/week depending on the person’s needs.

The issue has also once again been raised by Kent MP Roger Gale in the UK Parliament before it rose for the summer recess. Mr Gale, who has been championing the exportable benefits cause, told MPs that it would be to Britain’s “eternal shame” if the government continued to “prevaricate” and did not restore all axed benefits.

If you have faced similar problems with exportable benefits you can contact the DLA Campaign on dla.ecj@gmail.com

Photo: Jason Taylor with parents Michael and Marjorie