Most people will be aware that their State pension can be transferred to Spain, but will be surprised to learn that other UK state benefits can also be ‘exported’ and made available to older people resident in Spain. The process can sometimes be slow and laborious but it is worthwhile persevering. I have set out the basic position in respect of certain benefits but each individual’s case will be different and ultimately judged upon its merits.

State Pensions
You can continue to receive your State Pension while you live in Spain. If you are living in Spain for more than six months or permanently, the Department for Work and Pensions (“DWP” – tel. number 00 44 191 218 7777) can pay your benefit straight into your bank account in Spain. If you select this option then it may be worthwhile speaking to a reputable currency broker who can ensure you get the best exchange rate. Alternatively, they can pay into your UK bank or building society account or will send a cheque (in sterling) at the end of every 4-13 weeks. If you are away for less than two years, DWP can pay your benefit as a lump sum when you return to the UK. If you have not yet reached State Pension age (currently 60 for women and 65 for men in the UK), and you have been insured in the UK, the DWP will usually invite you to claim four months before you reach State Pension age.

Bereavement
Bereavement benefits are available equally to men and women and are based on the contribution record of the late spouse. The Bereavement Payment is a single lump-sum payment paid immediately on bereavement. It is tax-free and is paid mainly to widows and widowers under State Pension age. If you are over State Pension age when your spouse dies, you will still receive the payment provided that your spouse was under State pension age or was over State pension age (currently 60 for women, 65 for men) but not receiving a State Retirement Pension based on his or her contribution record.

Winter Fuel Payments
As we all know the winters in Spain can be somewhat colder than the estate agents’ brochures would have us believe. The UK Government provides Winter Fuel Payments for help with heating bills during the winter months. The annual payment is £200 per household for people aged 60 or over with an extra £100 for households with someone aged 80 or over. If you received or applied for a Winter Fuel Payment in the UK before moving to Spain, you may be able to continue receiving payments. To be eligible, you must have been entitled to a Winter Fuel Payment before leaving the UK. For more information or to obtain a copy of leaflet ‘Your guide to Winter Fuel Payments’ (WFPL1), ring the Winter Fuel Payment Helpline on 00 44 845 915-1515 or visit the DWP website www.dwp.gov.uk .

Sickness and Invalidity Allowances
Unfortunately the UK Government states that these are ‘special non-contributory’ benefits and are not usually exportable. If your stay in Spain is temporary, you can usually continue to receive Attendance Allowance or Disability Living Allowance for 26 weeks (longer if you are going abroad specifically for medical treatment for your illness or disability). For periods over 26 weeks, you may experience difficulty in qualifying for benefit, as you usually must have been present in GB for 26 out of the last 52 weeks to satisfy the residence conditions.

Industrial Injuries Disablement Benefit
If you received an injury at work, or develop a specified occupational disease late in life, you may be entitled to Industrial Injuries Disablement Benefit. You must have been working in the UK or employed by a UK employer at the time you received the injury or contracted the disease. There is no time limit for making a claim for this benefit and a claim can be made if you are living in Spain, although you may lose the right to sue for personal injury if more than 3 years pass before you make the claim.

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Information courtesy of Marc White LL.B. (English Solicitor) - Visit homepage

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