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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70510
Experience:  Over 5 years in practice
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dear Sir/Madam, My daughter is 26 years old and a victim of

Resolved Question:

dear Sir/Madam,
My daughter is 26 years old and a victim of cancer which has left her with deficiences
and is eligible for Disability living Allowance. She got married in Mozambique but due to her condition she had to return to the UK. she was out of the country from 01/01/12 to 12/10/12. and then from 12/01/13 to 19/10/13.
The works and pensions dept are refusing to pay her DLA because she has been out of the
country. She came back to the UK on 20/10/13 and shall not be returning to Mozambique because of her health. She was born in the UK and is a British National and lived all the time in the UK. please advise. I am her appointee.
Thankyou. Mr. N.I.Makda Blackburn
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

I presume you mean they will not backpay DLA?

or have they stopped the claim completely?
Customer: replied 3 years ago.

It is a new claim

Expert:  Jo C. replied 3 years ago.
Thanks.

Are you asking if you can appeal?
Customer: replied 3 years ago.

I have already lodged an appeal, but the Dept Is asking it to be struck off

Expert:  Jo C. replied 3 years ago.
On what basis?

Customer: replied 3 years ago.

The departments argument is that the appeal has no chance of success.


 


I have provided them with the letters from the consultant and my daughters GP as well.


 


The Dept says my daughter has stayed away from the Uk. that is why.

Expert:  Jo C. replied 3 years ago.
Thanks.

I don't think that the issue is that she is not disabled. I suspect the issue is that she lives abroad for more than 26 weeks a year and therefore is not eligible.

I think that their concern is that she is not eligible for that reason and so it is that which needs to be addressed.

You don't seem to dispute that she was away for that period of time. The question really is whether she will remain here or not.

If you have evidence that she will not return then you need to raise that and contest the application on that basis.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

I have already clarified that she will not be returning to Mozambique as her health is more important.


 


I have also applied for her Husband to come to the Uk.


 


 

Expert:  Jo C. replied 3 years ago.
Yes, I realise that but I think the issue will be that they doubt her evidence on that point. Its that which needs to be addressed.

Normally you need to have lived in the UK for 26 weeks of the last 52. She has not.

There are two options. Pursue the appeal or discontinue it and revive the claim when she's been here for 52 weeks.
Customer: replied 3 years ago.

Thankyou
Expert:  Jo C. replied 3 years ago.
No problem and all the best.

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