Plight of expats who had benefits withdrawn in breach of European law highlighted in Parliament

The plight of thousands of British expats living in Europe who had their disability and living allowances stopped when they moved abroad despite a European Court ruling that they are still entitled to them was highlighted in the UK House of Commons yesterday.

Many of them are elderly and disabled, struggling to live on pensions that have dwindled in line with the falling Pound and one has even died while waiting for the Department of Work and Pensions to rule on his appeal. Chris Morgan who lived in Alicante, Spain, died just before Christmas, MP Roger Gale told the House.

He has been campaigning on behalf of one of his ex-constituents John Hamilton who now lives in the Pas de Calais in northern France. His disability living allowance was stopped in when he moved in 2006. He at first accepted the situation.

Then Hamilton, 71, who suffers from rheumatoid arthritis, discovered by accident that the issue was being examined by the European Court of Justice (ECJ) which subsequently ruled in October 2007 that such benefits should be transferable. But when he asked for his benefit to be re-instated the DWP said he was still not entitled to it.

To make matters worse the DWP has since gone on to impose a new rule that only those who have had been present in the UK for 26 weeks out of the previous 52 on the day that they asked for their case to be examined could have their benefits re-considered, effectively ruling out thousands of people.

'It is incredibly frustrating. This money should never have been stopped yet I, and many others, are having to fight tooth and nail to win the right for the issue to be heard,' said Hamilton.

Gale is furious at the DWP's lack of will to sort out the situation and believes that the department is clearly in breach of European law. 'How many more UK citizens now living within the EU or in Switzerland will have to die without receiving the benefits to which they are entitled while this government remains in breach of the law,' he told the House.

A spokesman for the DWP said; 'We are committed to complying with the European rules on the export of sickness benefits. We will look into each situation on a case by case basis. Customers have the right to appeal if they are dissatisfied. Eligibility for benefits is something that should be considered very carefully when taking the decision to move abroad'.

The European Commission is considering taking legal action against the DWP for its failure to pay certain benefits to expats.

This article has been provided by Ray Clancy, the Senior Editor at the Expat Forum.com - the primary community for expats online. The site also provides information and advice on matters such as Moving to Spain.