This is an HTML version of an attachment to the Freedom of Information request 'Number of expatriates not eligible for DLA/CA/AA between 1992-2008'.

DWP Central Freedom of Information Team

e-mail: [DWP request email]

Our Ref: VTR1111

21 November 2008

Dear Tina Hamilton

Request for information

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I am writing to confirm that I am now in a position to reply to your request. In your letter received on 5th November 2008 you asked for information on the number of people who lost their right to claim Disability Living Allowance, Cares Allowance and Attendance Allowance, due to their moving to an EEA state (or Switzerland) between 1992 and 2008.

In the twelve months since the European Court of Justice decision of 18th October 2007 to 20th October 2008 (the latest figure currently available) 1,518 DLA/AA customers have reported that they have moved to live in the EEA (or Switzerland).  Prior to the judgement, the majority of these cases would have been disallowed. Unfortunately, we are unable to provide the number of customers who lost their right to claim before this period, due to their moving to the EEA (or Switzerland). This is because it would require identifying, locating and examining the individual records for those cases, which would clearly take a great deal of time and resources to complete. Therefore this information cannot be retrieved within the reasonable cost limits set by the Act - being £600, equated to 3.5 days of official time to find, collate and supply the information requested.

If you are not satisfied with my handling of your request please tell me why within two calendar months of the date of this letter. I will then arrange for someone to conduct an internal review of your request. The review will be independent and conducted by another officer, usually of a more senior grade to myself and you will be advised of their decision in writing.

If you are still not content with the outcome of the internal review you have the right to apply directly to the Information Commissioner to look into the way your request has been handled. Please note that generally the Commissioner cannot make a decision unless you have first exhausted DWP's own complaints procedure. The Commissioner can be contacted at:

FoI Complaints Resolution

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Fax: 01625 545 510

Email:[email address]

If you have any queries about this letter, please contact me. Please remember to quote the reference number above in any future communications.

Yours sincerely

DWP Central FoI Team