This comes via the Spanish expatriates association web pages

Visit these pages to see procedure for appeals (click)

Ask the Dept of Works and Pensions for address.

DLA, AA and CA, Up-date at07/05/2009

Important notice: -

"All those who have requested re-instatementof previously awarded disabilitylivingallowance(less the mobility component element), attendance allowance or carers allowance following the ruling of the ECJ on 18/10/20O7, where any of these allowances were withdrawn following their move to Spain or France etc. and where their application to the DWP for re-instatement has been rejected, for whatever reason, are advised to lodge ‘formal notice’ of an intention to appealsuch a decision beforean'Independent Appeals Tribunal', requesting that the DWP offer you all necessary assistance and forward you the application forms.Address your request, 'Formal notice of an intention to appeal your decision through the Independent Appeals Tribunal appeals procedure.' It is important that you give this notice, so as to avoid the limitation as to time for such appeals. Further, all thosewho consider they may be affected by the ECJ decision should immediately apply for re-instatement of any of the relevant allowances where they were previously withdrawn under the above circumstances.

Aformat for such an appeal is as above linked on this website and members may use this format so as to encompass and tailor fit their individual circumstances.

Your appeal should be based upon matters of fact and matters of law, rather than any disability, since at this time that is not an issue, although it may become one later where your disability has worsened.Do not allow yourselves to be put off by any nonsense fed to youby the DWP.

Those who have already submitted such an appeal may refer to our suggested format and where necessary emend any previously submitted appeal and in addition advise the DWP of the content of any further submission in proper accordance with rules of ‘disclosure’.

We should like to hear from anyone who has already made a successful Tribunal appeal and of the grounds, based upon any submission by the DWP, as to any proper matter of law where they seek to oppose any such appeal. We do not wish to be advised as to where appeals are being opposed where the DWP use any dates for their grounds, since such dates are entirely erroneous in this present matter.

Wehave a champion at Westminster,the Rt.Hon. Roger GaleMP,who is representing all expats within the EEA and Switzerland in this present matter we he is currently actively pursuing. We are also indebted to Tina Hamilton who is representing thoseexpats so affected in France.

Those of you who have so far failed to seek re-instatement of any of these previously withdrawn allowances should consider seeking re-instatement immediately. You may lose your right to such a claim if you delay.