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May I draw your attention to page 4 paragraph a)mochyn wrote:From the link you provided it states that ''public funds'' include Disability living allowance although later it states that an EEA national is allowed to claim but your wife is Ghanaian and therefore not entitled to claim
Great, that is exactly what you need to do. After all, there is an entitlement, for the reasons you have stated.KenAlgar wrote:The next stage is to go to appeal and independent tribunal which I intend to do.
No, not correct, he is both of those. That is, his wife is "A member of a family of a national of a State contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993", and the UK did sign that agreement.mochyn wrote:In UK law you are not an EEA citizen, you are a British citizen.
It is made available to spouses of British Citizens! That is the whole point.If as you state there is no difference in law between an EEA or British citizen then why is disability living allowance is not made available to spouses of British citizens but made available to family members of an EEA national
-: which is pretty clear....... a person (P) shall not be regarded as having recourse to public funds if P is entitled to benefits specified if......
1/ Because she has become disabled due to the progression of her MS.mochyn wrote:On what basis does the MS nurse say that your wife can claim Disability Living Allowance?
Is she aware of your wife's immigration status?
In UK law you are not an EEA citizen, you are a British citizen.
Do you have a British passport ?
This thread has been inactive since 2009.