Poppy Support Caseworker Handbook Ch 7 Delivering Welfare...

1Chapter 7 – Delivering Welfare Abroad (V3 September 2011)

Chapter 7 – Delivering Welfare Abroad

1. Introduction

This Chapter provides guidance on delivering welfare on behalf of the Legion overseas. It gives brief details on how Branches are organised, eligibility and how welfare casework is funded.

More importantly, it outlines the requirements for Caseworkers regarding training and provides guidance on the services which can be provided to Legion beneficiaries living abroad. It also provides limited reference information which we hope will be useful for Caseworkers operating overseas.

However, this does not mean that all other information provided in this Handbook does not apply to those delivering welfare abroad. The information provided in other Chapters applies where relevant, in particular, information regarding confidentiality, insurance, health and safety, carrying out casework and completing the “Form A – Application for Financial Assistance”.

It should also be noted that for the purposes of the delivery of Legion welfare, and this Handbook, the Republic of Ireland is not considered working abroad. This is because the Legion has a staffed office in Dublin which is responsible for delivering Poppy Support with the assistance of members and volunteers, their contact details are outlined in Chapter 9.

Additionally, the Legion provides welfare services in Scotland through Poppy Scotland (see Chapter 9 for contact details). Those wishing to join an ex-Service

2 Poppy Support Handbook

membership organisation in Scotland should contact The Royal British Legion Scotland.

2. About the Legion Overseas

The Legion has Branches in the following countries around the world (as of January 2009):

Argentina (one Branch) Balearics (one Branch) Belgium (four Branches)Belize (one Branch) Brazil (one Branch)Canary Islands (one Branch)Channel Islands (excluding Guernsey) (five Branches)Chile (one Branch)China (one Branch)Cyprus (two Branches in South Cyprus, one Branch in North Cyprus/Turkey)Falkland Islands (one Branch)Fiji (one Branch)France (10 Branches)Germany (15 Branches)Gibraltar (one Branch) Guernsey (two Branches) Holland (one Branch) Japan (one Branch) Kenya (one Branch) Malta (one Branch) Portugal (one Branch) Spain (34 Branches) Sweden (one Branch) Switzerland (one Branch) Thailand (two Branches) United States of America (three Branches) Uruguay (one Branch)


In the main, overseas Branches are administered by Head Office in London. However, some Branches are administered by Districts, the Legion Districts are:

• Germany (administering all 15 Branches)• Spain North (administering 20 Branches including Menorca )• Spain South (administering 15 Branches including Tenerife)

Additionally, as of July 2011, there are qualified Legion Caseworkers operating in the following countries:

Belgium (four Caseworkers) Cyprus (17 Caseworkers) France (11 Caseworkers) Germany (66 Caseworkers) Guernsey (two Caseworkers)Holland (six Caseworkers) Malta (12 Caseworkers) Portugal (24 Caseworkers) Spain (146 Caseworkers)

The Legion has a full-time member of staff in Spain South, helping to deliver welfare across Spain. We also have welfare volunteer coordinatorsin Germany, Portugal and Spain North.

It should be noted that in Guernsey welfare work is administered by the Guernsey Central Committee.


3. Organisation of overseas Branches

As with Branches operating in the UK, Legion overseas Branches must operate in compliance with the Royal Charter. This means that the Legion’s objects for overseas Branches remain unchanged from those in the UK (as set out in Chapter 1). It also means that membership of overseas Branches is open to all.

Branches also operate under the Overseas Branch Bye-Laws and overseas Districts operate under the County/District Bye-Laws agreed by the Membership Council, unless amended at the relevant Annual General Meeting (AGM) by two-third majority and approved by the Membership Council and agreed by the Board of Trustees.

4. Overseas welfare committees

4.1 Branch Welfare Committees

The Overseas Branch Bye-Laws require each overseas Branch to form a sub-committee to be known as the Branch Welfare Committee. The tasks of the Branch Welfare Committee are to:

• Submit a report on activity to the Branch Committee for confirmation or otherwise (bearing in mind confidentiality);

• Ensure that all welfare expenditure at Branch level is conducted under the authority of the Branch Officers as signatories (one must be the Treasurer);

• Select members of the Branch to be trained as Caseworkers (from 1 October 2009 the committee should also screen new Caseworkers, see Section 6.1 below);


• To ensure that all details of casework, including copies of the “Form A – Application for Financial Assistance”, are sent to the National Initiatives and Overseas Coordinator, Community Services Department, Welfare Division, this must include all casework funded by the Branch;

• To authorise welfare grants up to the equivalent value of £500; and

• Actively support the Poppy Appeal.

4.2 District Welfare Committees

The Legion’s District Bye-Laws (District Model Bye-Laws, Authorised by the Membership Council November 2007) require District Committees to establish a sub-committee, known as the District Welfare Advisory Committee (DWAC). The Bye-Laws also contain a model terms of reference (Annex C) outlining how the District Welfare Committee should operate and who should be a member of the Committee.

In summary, the role of the DWAC is to:

• Review Branch welfare activity;• Ensure that training policies are complied with

and organise any supplementary training as required;

• Promote the Legion’s welfare work;• Work collaboratively with other organisations on

welfare projects;• Produce a District plan which implements the

aims and objectives of the welfare strategy; and• Coordinate the distribution of funds from the

District Welfare Fund.

Confidentiality is essential for all members of welfare committees or Branch Welfare


Representatives. The confidentiality and data protection policy outlined in Chapter 1 should be followed at all times.

4.3 Welfare committee expenses

As with welfare committees in the UK, Districts and Branches are asked to cover the expenses of welfare committees.

Volunteers will incur expenses when they carry out their welfare work. In the main, these will be travel and telephone costs. Districts and Branches are asked to meet the expenses of volunteers within their area of responsibility.

Again, Districts and Branches are asked to cover expenses incurred by or associated with welfare committees or Branch Welfare Representatives.

Where the District or Branch has insufficient funds, expenses can be reimbursed from the Central Welfare Fund. To have funds reimbursed from the Central Welfare Fund, individuals should complete an “SC15 Welfare Expenses Claims Form”.

These forms should be returned to the District or Branch Treasurer and should be accompanied by all receipts against expenditure claims. All claims must be submitted within three months of when the expenditure took place. Full details on what can be claimed and the maximum amounts are contained in Chapter 2.

If Caseworkers are in doubt about how your expenses will be covered, consult with the Branch or District Chairman before carrying out any activities on behalf of the Legion.


4.4 Committee member training

The Legion policy encourages overseas welfare committee members or Branch Welfare Representatives to undertake welfare training. It is recommended that welfare committee members or Representatives attend Caseworker training courses when held in their country. This helps to ensure that everyone involved in providing assistance to clients is provided with the same up to date information on which decisions will be based.

5. Funding for welfare casework

5.1 Branches administered by Head Office

Money raised by overseas Branches in the name of the Legion must be used only for the purposes defined by the Legion’s objects. Expenditure against these funds can be administered by the Branch alone or with the assistance of Head Office.

Overseas Branches have been granted a concession by the Board of Trustees, which allows them to retain funding to support welfare work. Each year the Membership Support Administrator (Overseas Branches) will distribute a “Form SC22 Retention Request” to all Legion overseas Branches.

All Branches, which are administered by Head Office, must submit an SC22 to the Membership Support Administrator (Overseas Branches) each year, by 31 December. Also included should be a copy of the Annual Branch Accounts and the Poppy Appeal Statement of Accounts.

It should be noted that nil returns are also required i.e. those Branches that wish to deposit all funds


into the Central Welfare Fund, and have Head Office assist with casework expenditure also need to complete and return an SC22 with all of the relevant paperwork.

Further details of this policy and how to complete the SC22 can be provided by the Membership Support Administrator (Overseas Branches) or found in the document entitled “Policy for the Retention of Poppy Appeal Funds for the Overseas Branches under the administration of Head Office”.

5.2 Branches administered by Districts and the Central Committee of Guernsey

For Branches administered by Districts (Germany, Spain North and Spain South) and the Central Committee of Guernsey, the procedures are slightly different.

However, overseas Districts and the Central Committee of Guernsey have been granted a concession by the Board of Trustees to retain all locally collected Poppy Appeal funds to support welfare work.

Each year the Membership Support Administrator (Overseas Branches) will distribute a “Form SC22 Retention Request” to all Legion overseas Branches administered by Districts and to the Central Committee of Guernsey. Branches which are administered by Districts need to complete and return the SC22 to the District Secretary by 15 December with a copy of the Annual Branch Accounts and the Poppy Appeal Statement of Accounts.

The District Secretary will then consolidate all of the information from the Branches and complete a


similar process; the District SC22 will be submitted to the Membership Support Administrator (Overseas Branches) for approval. The Central Committee of Guernsey should also submit their completed SC22 directly to the Membership Support Administrator (Overseas Branches).

Branches that carry out welfare work will normally be permitted to retain some funds from their Poppy Appeal money in their Welfare Account. The District Committee will provide authority for retention of these funds once they have received the authority to do so by Head Office. Although Branches are initially restricted, once these funds are depleted they can then apply to the District for “top-up” funds.

Further details of this policy can be provided by the Membership Support Administrator (Overseas Branches) or found in the document entitled “Policy for the Retention of Poppy Appeal Funds for Branches under the Administration of Districts and the Central Committee of Guernsey”.

6. Becoming an authorised overseas Caseworker or Visitor

As with Caseworkers and Visitors in the UK, the Legion has certain requirements that need to be fulfilled before an individual can carry out casework on behalf of the Legion. These are:

• Screening (from 1 October 2009);• Training (including update training); and• Hold an identity (ID) card.

Those wishing to become a Caseworker or Visitor need to complete an application for training (and


from 1 October 2009 a reference, see Section 6.1 below) and give it to either the Branch Chairman or the Welfare Coordinator (Portugal, Spain North, Germany and France). Applications then need to be sent to the Learning & Development Department at Head Office for processing.

6.1 Screening

Legislation regarding the protection of vulnerable adults only extends to countries within the UK. However, the legislative changes that came into effect in the UK from 1 October 2009 has given the Legion the opportunity to provide some additional protection to overseas clients, Caseworkers and Visitors.

From 1 October 2009, all volunteers who wish to become Caseworkers or Visitors for overseas Branches will need to include a reference with their application for training. This reference should be from a person who has known them personally for five years or more (preferably a member of the Branch in question) and who is not a relative. This reference, along with an official form of identification and proof of residence, should be reviewed by the Branch Chairman who will then approve (or not) the application for training.

6.2 Training

All overseas volunteers must undertake Caseworker training in order to become an authorised Caseworker or Visitor. The Legion’s


Learning & Development Department in Human Resources deliver all overseas volunteer training. Courses are run in every country that has welfare volunteers every year. There is only one course available to all volunteers.

In line with the Legion’s wider training policy, all overseas welfare volunteers should attend an update training course annually, and must attend a course at least once in any two-year period to remain authorised.

Application forms for training courses can be obtained from the Legion’s HR Training Administrator, contact details are as follows:

HR Training AdministratorThe Royal British Legion199 Borough High StreetLondon, SE1 1AAUKEmail: [email protected]

6.3 Identity (ID) cards

All overseas Caseworkers and Visitors should have a valid ID card before carrying out any volunteering on behalf of the Legion. This helps to provide clients with reassurance that checks and training have been completed.

Applications for ID cards for overseas volunteers will be processed on annual training courses. Procedures for lost, stolen or damaged cards equally apply to overseas Caseworkers and Visitors (please see Chapter 2) with the exception of sourcing and submitting application forms.


Application forms for replacement ID cards can be provided by the HR Training Administrator, contact details are as follows:

HR Training AdministratorThe Royal British Legion199 Borough High StreetLondon, SE1 1AA UKEmail: [email protected]

7. Complaints procedures

The complaints procedure outlined in Section 8 of Chapter 2 equally applies to overseas welfare work. However, as there is no County Manager, all complaints need to be submitted to the District or Branch Chairman, or in Spain, to the Country Welfare Officer (Spain).

For formal complaints involving a relevant Chairman, members or maladministration, members should refer to the Complaints Procedures (document dated 8 February 2006) These can be obtained from the Membership Support Administrator (Overseas Branches).

Formal complaints involving the Country Welfare Officer (Spain) should be sent to the Head of Community Services, 199 Borough High Street, London, SE1 1AA, UK.

All other aspects relating to complaints should be followed in line with the complaints procedure outlined in Section 8 of Chapter 2.


8. Caseworker and Visitor expenses

As per Chapter 1 of this Handbook, all expenses incurred by welfare committees and volunteers can be reclaimed from the Legion. As with Branches in the UK, overseas Branches are asked to cover these expenses.

Welfare committees and volunteers should complete a “SC15 Welfare Expenses Claim Form” and send it to the Branch Treasurer for refund. The Country Welfare Officer (Spain) can authorise committee and volunteer expenses in District of Spain South.

For Branches that have returned all Poppy Appeal funds to Head Office, expenses claims should be sent to Grant Giving and National Initiatives at Head Office.

9. Delivering Poppy Support overseas

9.1 Britons abroad – research findings

To give some context to the information included in the rest of this Chapter, the following Section provides some figures and key findings from research on emigration from Britain, and the potential welfare needs of those who have decided to live overseas.

The table below gives some indication on where those who emigrate from Britain choose to live. The figures are estimates from the Institute for Public Policy Research (ippr) from their research entitled Brits Abroad: Mapping the Scale and Nature of


British Emigration, completed in 2006.

COUNTRY BRITONS ABROAD PROPORTION BRITONS ABROAD FOR A YEAR OF BRITONS IN RECEIPT OF OR LONGER ABROAD FOR A STATE PENSION YEAR OR LONGER (APPROX.)*

Australia 1,300,000 23.4% 245,000Spain 761,000 13.7% 75,000United States 678,000 12.2% 140,000Canada 603,000 10.9% 155,000Ireland 291,000 5.3% 105,000New Zealand 215,000 3.9% 49,000South Africa 212,000 3.8% 40,000France 200,000 3.6% 30,000Germany 215,000 2.1% 30,000Cyprus 59,000 1.1% 10,000Other countries 1,115,000 21.6% not reported* These figures are as of 1 January 2006, source: ippr, from DWP unpublished.

In 2008, Age Concern England completed a survey of Britons who lived abroad, or were planning on moving abroad and asked them about their experiences and thoughts about living overseas and the support on offer during later life. The survey was completed online with those aged over 50 years of age. Some of the key findings were:

• Almost 25% of respondents explicitly stated that they had experienced health and social care problems since moving abroad;

• Two of the major problems cited by people living abroad were the language barrier and difficulties with bureaucracy;

• Around 33% of respondents had unresolved health and social care problems;

• 80% of respondents thinking of moving abroad were moving to a country they had never visited; and


• 43% of respondents thinking of moving abroad felt that a change in circumstances in terms of ill health or disability would not be more difficult to cope with outside the UK, this compared with 37% of those who were already living abroad.

Recent research carried out by the Legion with the Centre for Future Studies on the care needs of the ex-Service Community in Spain identified the following:

• The key welfare issues affecting those living in Spain are healthcare, social care, emotional distress, financial support, and lack of advice and guidance on solving life problems; and

• Legion beneficiaries are sometimes disenfranchised due to a lack of integration; the language barrier and lack of knowledge regarding state support.

This study also identified those who are most at risk of experiencing welfare difficulties, these are people who:

• Have health problems and/or are older, as they are most at risk of suffering from ill health and likely to have care needs;

• Do not speak the language;• Do not have knowledge of how to access

healthcare and/or social services where they live, before something goes wrong;

• Are ineligible for state benefits, both from the UK or where they live;

• Are unable to access support from family members;

• Have not integrated with the local community;• Are living alone, and/or in isolated locations; and• Do not have savings or income other than the UK

State Pension.


9.2 Eligibility for Poppy Support

The eligibility criteria for Legion support overseas are the same as in the UK. Caseworkers should refer to Chapter 3 for further details.

It is important to note that being a member of an overseas Branch does not provide eligibility for Legion welfare support on its own. Further, those who do meet the eligibility criteria outlined in Chapter 3, but who are not members of an overseas Branch, are eligible for Legion assistance.

Before assistance can be provided to beneficiaries living overseas, Caseworkers and Case Managers need to ensure that any legal registration requirements have been satisfied. Fulfilling such registration often qualifies individuals for state health or social services (although often there is also a time requirement).

For example, in Spain residents are required to register with their local police station within three months and to register with their local Padrón for access to public services.

Legion assistance should not be provided in cases where legal registration requirements have not been met. This is to ensure that access to public services can be maximised before resorting to charitable funds.

9.3 Poppy Support services abroad

The Poppy Support services currently available to those living overseas, (some of these only in a very limited capacity) are:


• Benefits & Money Advice (Legion advisers at Head Office);

• Disability claims advice and tribunal representation (part of the Benefits & Money Advice Service, tribunals will need to be heard in the UK);

• War Pensions & Compensation (including the War Pension Scheme (WPS), the Armed Forces Compensation Scheme (AFCS) and civil claims for compensation). (Please note that tribunals or hearings will be heard in the UK).

• Welfare Plus Breaks (for those who need care while having a break, bespoke breaks can be funded);

• The Civvy Street website (web based services only);

• Hospital & Housebound Visiting Scheme (limits on gifts to the equivalent of £10 – tobacco and alcohol are not appropriate gifts); and

• Immediate Needs Grants Scheme (extended to include repatriation, translation and funeral costs please see Section 9.5 below).

Detailed information on all of the above services can be found in Chapter 4. Limitations on the Poppy Support services which can be provided are in brackets within the list above.

Of particular note are tribunals and compensation claims, which must be lodged and heard in the UK. However, all advice and preparations can normally be carried out remotely.

The Benefits & Money Advice Service’s Disability Claims Advisers can assist with individual advice on exportable benefits outside of the UK. The contact details of this team are available under the relevant sections of Chapter 9.


9.4 Immediate Needs Grants Scheme

As stated in Chapter 4, the Immediate Needs Grants Scheme is designed to help individuals to get through a temporary crisis. The Scheme does not provide cash, but essentials for the individual or household to help in times of need. It is normally the only route in which immediate welfare support can be provided to Legion beneficiaries overseas.

The following are some examples of the types of assistance which can be provided to overseas clients under the Scheme:

• Brown household goods, such as furniture;• Priority debts [individuals can also be referred

to the Benefits & Money Advice Service at Head Office];

• Food, clothing and household essentials;• Funeral costs (see Section 9.5 below);• Housing costs or security rent deposits;• Minor repairs or maintenance to property;• Mobility aids, including Electronically Powered

Vehicles (EPVs) (see Section 9.6 below), stairlifts, riser/recliner chairs, electronic beds, accessibility fixtures and fittings;

• Removal expenses, for example, where there has been a family breakdown (limits apply in the case of repatriation, see Section 9.8 below);

• Repatriation travel costs (please see Section 9.8 below);


• Translation (please see Section 9.7 below); • Transport costs (e.g. travel to and from hospital,

although this is covered by the health service in some countries); and

• White household goods, such as fridges, ovens, washing machines.

There are also some forms of assistance that the Legion is not able to provide. These are:

• Where state assistance or statutory services are available (although exceptions can be made in some circumstances);

• Business debts; • Legal expenses, such as court costs and

solicitors’ fees;• Loans; • Medical care, (individuals should make

arrangements for healthcare cover, please see Section 10.4 below, exceptions can be made for dental charges or optician costs); and

• Payments to cover care home fees (residential or nursing care).

It is impossible to provide an exhaustive list of the types of difficulties that people will experience. However, with these and few other exceptions, virtually any request under this Scheme can be considered.

The eligibility criteria for assistance under the Immediate Needs Grants Scheme are the same abroad as in the UK. All overseas Caseworkers are required to complete a “Form A – Application for Financial Assistance” in order to access funding for clients.

In addition, overseas Caseworkers who have access to retained District or Branch funds are


required to complete the assessment of needs and the financial assessment before making recommendations for support to the District or Branch Welfare Committee for approval.

It should be noted that in some countries completed Form As need to go to the Volunteer Welfare Coordinator in the first instance (Portugal, Spain North, Germany and Spain South). Please see Section 9.9 below for expenditure authority limits.

In branches that have not retained funds for the purposes of welfare, the “Form A – Application for Financial Assistance” should be completed (including the report and recommendations), marked “CONFIDENTIAL” and sent for assessment and processing to:

Grant Giving and National Initiatives Service Community Services DepartmentWelfare Division The Royal British Legion199 Borough High StreetLondon, SE1 1AAUK


Further advice on completing the “Form A – Application for Financial Assistance” and making an assessment of needs is contained in Chapter 6.

9.5 Funeral costs

While funeral costs are included in the list above, there are some specific issues that Caseworkers should be aware of before discussing funeral costs with clients.

The Legion can provide funding for the basic costs of funerals. However, the Legion cannot provide assistance for additional funeral expenses such as headstones, memorials, food or flowers. In addition, grants for basic funeral costs are normally only available to a spouse or partner (as defined in Chapter 4).

Funeral Payments from the UK Department of Work and Pensions (DWP) Social Fund are dependent on habitual residency in the UK, therefore, are not available to those living abroad. However, it should be noted that funerals to be held in the EU, of partners living in the UK, may be covered by the Social Fund.

9.6 Electrically Powered Vehicles (EPVs)

Electrically Powered Vehicles (EPVs) can be provided to clients overseas. However, in order to ensure that the appropriate vehicle for the mobility problem is purchased and to ensure that safety issues are taken into consideration, the Legion will normally require an assessment of the client’s disability or mobility problems. These assessments can normally be undertaken and provided in writing by a doctor, physiotherapist or occupational


therapist. The written assessment will need to accompany the Form A.

9.7 Translation costs

The Immediate Needs Grants Scheme is able to cover the cost of translation services, where there is a clear health or welfare need. Before approving expenditure, staff and/or welfare committees should be satisfied that:

• There is a clear and demonstrable health or welfare need that will be assisted by translation services (normally related to communicating with health professionals or providers of state social and welfare support services);

• There is no Legion Caseworker available with the necessary language skills to fulfil the role;

• The Caseworker has completed a financial assessment, and the client is unable to pay for the service themselves; and

• The payment is made to a professionally qualified interpreter.

9.8 Repatriation

The Legion allows for some of the costs associated with repatriation to the UK to be funded through the Immediate Needs Grants Scheme.

In these cases, Caseworkers should be certain that repatriation is the explicit wish of the client, and not simply what the client thinks “would be best under the circumstances”. An individual’s welfare can be further compromised if they are not ready or do not wish to return to the UK. It should also be noted that some clients will not be eligible for immediate access to UK social services


or state benefits, and that this should be taken into consideration when discussing options with clients (see Sections 9.8.1 on Habitual Residency Tests below).

The following outlines the limitations on repatriation grants:

• Grants for repatriation are limited to eligible beneficiaries who have a welfare need which would be assisted by a move back to the UK –they must be British citizens (or hold the relevant settlement visa) and be repatriating to England, Wales, Northern Ireland or the Republic of Ireland;

• The individual must not have a health condition or disability, which would prevent them travelling normal economy class, either by air or rail. Where this is the case arrangements can be made through other specialist organisations;

• There must be a family member, friend or voluntary organisation representative (other than staff members of the Legion) to meet the individual at the airport or station, when the client arrives in the UK;

• The individual must have prearranged their own accommodation, either temporary or permanent;

• The County Manager for the area to which they are returning must be notified of their intended arrival at least two weeks in advance (see Chapter 9 for contact details), and involved in the repatriation arrangements; and

• Grants will normally exclude the cost of removal costs, furniture etc. but may be considered in exceptional circumstances. The grant may include the cost of excess baggage or the transfer of baggage.


9.8.1 The UK Habitual Residency Test (HRT)

The Habitual Residency Test (HRT) was introduced in 1994 as a way of reducing what has become coined “benefit tourism” in the UK. Its purpose is to ensure that only people who have settled and who intend to remain in the UK are eligible for certain state benefits.

The HRT affects new claimants of means-tested benefits such as income-related Employment & Support Allowance (ESA), income-based Jobseekers Allowance (JSA), Income Support (IS) (see Chapter 5 for further details). HRT will also affect those wishing to access social housing.

There is no statutory definition of HRT and the test is applied subjectively when claims are made for assistance. Assessments will be made on individual circumstances. However, broadly speaking, individuals will be deemed habitually resident if they can demonstrate that they are making a home in the UK. Assessors will look at the following:

• Bringing household possessions to the UK;

• Establishing residence before arriving;• Having right of abode in the UK;• Bringing or seeking to bring family; and• Ties with the UK.

Other factors might also be taken into account, such as whether or not the person has retained a home, a bank account or other assets in another country. Nationality is not a factor in applying the HRT.


In addition, a person must be resident for a noticeable period of time – this period of time can range from a few days or weeks to six months but is normally around three months.

It is important the Caseworkers make anyone who is considering repatriating to the UK aware of the HRT, as access to benefits income or housing may be affected. People returning to the UK can also sometimes have difficulty accessing social services, due to a lack of local connection to an area; for this reason it is extremely important to notify the County Manager of any Legion client repatriating to the UK.

9.8.2 Heathrow Travel-Care

Heathrow Travel-Care is an independent crisis social work team situated at Heathrow Airport in London. They assist people in difficulty arriving or leaving the UK; they also take referrals from around the world.

Significantly, Heathrow Travel-Care is currently undertaking a Repatriation Project in partnership with the Foreign & Commonwealth Office (FCO) Consular Directorate to address difficulties faced by distressed British nationals returning to the UK from abroad who could otherwise be homeless, destitute or otherwise presenting risks to themselves or others on arrival in Britain.

Heathrow Travel-Care can take referrals before someone is due to return to the UK and meet


them at the airport or offer any assistance required. In exceptional circumstances, they may also meet clients returning to other London airports.

Heathrow Travel-Care can be contacted on:

Room 1308 Queens Building Heathrow Airport Hounslow Middlesex TW6 1BZ Telephone: +44 20 8745 7495 Email: [email protected]

9.9 Funding individual cases

The Legion has restrictions on the value of cases that can be approved at District and Branch level. Welfare cases where the expenditure is expected to exceed these limits need to be referred to the Grant Giving and National Initiatives team in the Community Services Department at Head Office. The following are the authorised grant limits:

• Overseas Branches – up to the equivalent value of £500;

• Overseas Districts – up to the equivalent value of £750;

• Central Committee of Guernsey – £750; and• Country Welfare Officer (Spain) – up to the

equivalent value of £2,999.

Additionally, it is important that the Legion attempts to get value for money whenever purchases are made on behalf of clients. Caseworkers should source more than one quote


for expensive items, and welfare committees should consider local arrangements for discounts with suppliers on items that are purchased regularly.

10. State support abroad

The International Pensions Centre deals with all enquiries regarding the payment of State Pensions, bereavement benefits, incapacity benefits and other benefits for those living abroad. Contact +44 (0)191 218 7777.

10.1 The UK State Pension

The UK State Pension can be paid to all those eligible regardless of their country of residence. Eligibility is dependent on age and National Insurance contributions (see Chapter 5) and portability of the State Pensions relates to the Category A and Category B retirement pensions only.

However, only those living in certain countries will be eligible to have their State Pension uprated each year to take account of inflationary increases. Uprating of State Pensions occurs in European Economic Area (EEA) countries, Switzerland and countries that have reciprocal social security agreements with the UK. People that live abroad in a country other than the ones listed below will not receive an annual increase, in effect their pension will be frozen once they leave the UK.


EEA COUNTRIES COUNTRIES WITH RECIPROCAL (& SWITzERLAND) ARRANGEmENTS

Austria Barbados Belgium Bermuda Bulgaria Bosnia-Herzegovina Cyprus Croatia Czech Republic Guernsey Denmark Isle of Man Estonia Israel (Territory on 19 July 1956) Finland Jamaica France Jersey Germany Republic of Macedonia Greece Mauritius Hungary Montenegro Iceland Philippines Republic of Ireland Sark Italy Serbia Latvia Turkey Liechtenstein United States of America Lithuania Luxembourg Malta The Netherlands Norway Poland Portugal Romania Slovakia Slovenia Spain Sweden Switzerland UK (including Gibraltar)


10.2 Exporting UK benefits within the EEA and Switzerland

The exportability of UK benefits is extremely complicated and can depend on when the claim is made, the country of residency, National Insurance contributions, age and other factors. Therefore, the information below has been provided as a guide only.

If Caseworkers are ever unsure about whether or not a client is entitled to a UK benefit, further advice can be obtained from the Disability team or Benefits & Money Advisers in the Community Services Department in Head Office, contact details are in Chapter 9.

European legislation allows for the portability of certain state benefits throughout the European Economic Area (EEA) and Switzerland; the legislation relates specifically to “sickness benefits”.

Further, on 18 October 2007, the European Court of Justice ruled that certain disability and carer benefits in the UK are sickness benefits, and therefore, they should continue to be paid to people who leave the UK to reside in the EEA or Switzerland. This ruling affects the Disability Living Allowance (DLA) (care component only), Attendance Allowance (AA) and Carer’s Allowance (CA).

It is possible to export the following benefits:

• State Retirement Pension (see Section 10.1 above);

• Incapacity Benefit (IB) or contributions-based Employment & Support Allowance (ESA);

• Contribution-based Jobseekers Allowance (JSA);


• Disability Living Allowance (DLA) (care component only);

• Attendance Allowance (AA);• Carer’s Allowance (CA);• Winter Fuel Payment;• Industrial Injuries Benefit (existing claims only,

but including Constant Attendance Allowance and Severe Disablement Additions);

• Child Benefit (in limited circumstances);• Bereavement Benefits (people of working age

only); and

10.2.1 Incapacity Benefit (IB) and Employment & Support Allowance (ESA)

Incapacity Benefit was replaced by the Employment & Support Allowance (ESA) from 27 October 2008. All new claims will be for this new benefit, but those in receipt of IB before this date will continue to receive it until they are switched to ESA.

Short-term IB can be exported provided authorisation is obtained from the UK social security office. This can be obtained after the person has moved abroad. If a person is receiving short-term IB when they move, this should become long-term IB in their new country. However, if a person becomes ill abroad, and is eligible for short-term IB, this will not necessarily become long-term IB.

Long-term IB can be exported, for people who were in receipt of the benefit before 27 October 2008 and whose conditions manifested in the UK before moving abroad.


Contribution based ESA roughly replaces IB and can be exported, provided the person has made the required National Insurance contributions in Britain and meets the other conditions for entitlement to the benefit, such as being below State Pension age. If a person becomes ill while abroad, and meets the UK contribution conditions, they can put in a new claim for UK benefits if under the State pension age.

10.2.2 Contribution-based Jobseekers Allowance (JSA)

Contribution-based JSA may be paid for up to three months if a person is eligible for JSA in Britain and meets certain other conditions when they move abroad, including being registered as a job seeker for at least four weeks prior to leaving.

10.2.3 DLA care component, AA and CA

DLA is only relevant to people whosedisability affected them before they were 65years of age. AA is only available to those over 65. There is no upper age limit for CA but as it cannot be received by anyone in receipt of a State Pension, it is generally applicable to those under the age of 65.

Existing AA, CA and DLA care component claims can be exported provided the person fulfils certain criteria. The claimant must be in receipt of a UK State Pension, long-term IB or bereavement benefits or have paid enough National Insurance to be able to claim a contributions-based sickness benefit or be a family member of someone entitled to a contributions-based sickness benefit.


If a person receives a sickness benefit from another EEA state or Switzerland, or works in another country, this may affect whether they can continue to receive DLA care component/AA/CA when moving from the UK. If a person receives a retirement pension or invalidity benefit from another EEA state or Switzerland, they may be entitled to a benefit equivalent of DLA care component/AA/CA from that country rather than from the UK.

10.2.4 Winter Fuel Payment

Britons living abroad can claim Winter Fuel Payments in certain circumstances. To qualify, claimants must have been entitled to the payment when living in the UK. People moving or already living in another EEA country, Switzerland or Gibraltar are eligible.

Further information can be provided by:

Winter Fuel Payment Centre Southgate House Cardiff, CF91 1ZH UK Telephone: +44 (0)29 2042 8635

10.2.5 Industrial Injuries Disablement Benefit (IIDB)

Where injuries occurred in the UK, thus establishing entitlement and the initial claim before emigration, IIDB can be exported to other EEA states and will be uprated every year as in the UK. The Constant Attendance


Allowance and Severe Disablement Additions to IIDB can both be exported indefinitely.

10.2.6 Child Benefit

As a family allowance, Child Benefit can be exported if the claimant is in receipt of a UK State Pension or other UK contribution benefit. If the claimant is eligible for Child Benefit in their new country, where the rate is less than UK Child Benefit, the UK will make up the difference.

10.2.7 Bereavement Benefits

These only apply to people below pension age. Existing bereavement allowance/widowed parents allowance claims can be exported to other EEA states, with annual increases. New claims can be made through the social security authority of the new country, which will be obliged to liaise with the UK authorities to determine and arrange payment.

10.2.9 Further help and advice

The exportability team at the Pensions, Disability and Carers Service can provide additional assistance with claims for disability


from people who live, or are moving to another country in the EEA or Switzerland.

Their contact details are:

Exportability Coordinator Room C216 Pensions, Disability and Carers Service Wabreck House Wabreck Hill Road Blackpool FY2 0YE UK Email: [email protected]

10.3 Social care services

All social care services in the UK are dependent on habitual residency in the UK. Those who are aging, and therefore, prone to health or mobility problems should make provisions to buy replacement services if the worst should happen. Social care service can be very limited in some countries and normally dependent on taxation contribution. Therefore, many people who retire abroad are not eligible for state support.

10.4 Accessing healthcare

Other than emergency treatment, healthcare in the UK is dependent on residence in the UK. Only in certain circumstances will the UK government cover healthcare costs in another Member State of the EEA. Britons moving aboard either within or outside of the EEA will normally need some form of healthcare cover.


10.4.1 People living in the EU and not in receipt of a benefit

People not receiving the State Pension or in receipt of a UK benefit may be eligible for up to two and half years of UK funded state healthcare cover. This health cover can be claimed using the S1 (previously known as E106) and claimants must have worked inthe UK and paid sufficient NationalInsurance contributions for at least threeyears immediately prior to leaving the UK.

It should also be noted that after the two and a half years have been exceeded, the claimant will no longer be eligible for healthcare funding from the UK. Therefore, individual healthcare cover will need to be personally funded, if unavailable from the Member State in which they are residing.

10.4.2 People living in the EU and in receipt of benefits

People who are in receipt of the State Pension, long-term Incapacity Benefit or other UKbenefits may be eligible for an S1 (previouslyknown as an E121) which provides long-term UK health funding for treatment in the country in which they live. However, if returning to the UK for good, treatment again becomes dependent on being considered ordinarily resident in the UK.


11. The Royal Commonwealth Ex-Services League (RCEL)

The Royal Commonwealth Ex-Services League (RCEL) is an important organisation to get in touch with if you’re ever unsure of where to turn for help for people living in Commonwealth countries. The RCEL is a Registered Charity (Number 231322)and their remit is to help ex-Service people who served The Crown and are now in need. The Grand President of RCEL is His Royal Highness The Prince Philip Duke of Edinburgh.

Benevolence funds are dispensed to beneficiaries through a network of ex-Service organisations across the Commonwealth. The RCEL can be contacted on +44 (0)20 3207 2413, full contact details are at Chapter 9. Membership organisations of the RCEL are:

The Returned and Services League of Australia LimitedBahamas Ex-Services AssociationBangladesh Armed Services Board Barbados Legion of RCELBelize Ex-Services League Burma Forces Welfare Association Fraternal Union of Cameroon Ex-Servicemen of the Crown The Royal Canadian Legion Cayman Islands Veterans Association The Royal British Legion (China Branch) Cyprus Veterans Association World War II Dominica Legion of RCEL The Royal British Legion Returned Soldiers & Ex-Servicemen’s Association of Fiji Gambia Legion Veterans Association of Ghana Grenada Legion of RCEL Guyana Legion


Indian Ex-Services League, New Delhi East India Charitable Trust, Calcutta Ex-Service Associations India, Chennai (Chennai, Bangalore & Deccan) Ex-Service Association India, Mumbai Jamaica Legion RCELKenya Armed Forces Comrades Association British Legion Kenya Basotho Legion of BESL (Lesotho)Commonwealth Ex-Services League of Malawi Ex-Services Association of Malaysia The Royal British Legion (Malta Branch) The Mauritius Ex-Services Trust FundMontserrat Legion MOTHS in NamibiaRoyal New Zealand Returned & Services Association (inc) Nigerian LegionCommonwealth Ex-Services Association Pakistan Pakistan Armed Services Board St. Kitts-Nevis Legion St. Lucia Branch RCEL Royal St. Vincent Legion RCELThe Royal British Legion Scotland Poppyscotland (The Earl Haig Fund Scotland) Seychelles Ex-Servicemen Fund Sierra Leone Ex-Servicemen’s Association Ex-Services Association of Singapore Somaliland Scouts Association South African Legion of Military Veterans Sri Lanka Ex-Servicemen’s Association Umsizi Ex-Servicemen’s Welfare Association (Swaziland) Tanzania Ex-Services Association Trinidad & Tobago Legion Turks & Caicos Ex-Servicemen’s Legion Uganda Ex-Servicemen’s Association in RCELEx-Servicemen’s League of Zambia The Legion Zimbabwe


12. Additional sources of information

The following are sources for additional information for overseas Caseworkers.

12.1 General

• Research carried out by the Legion: www.britishlegion.org.uk/campaigning/latest-research

• The Foreign & Commonwealth Office (FCO): www.fco.gov.uk/en/travelling-and-living-overseas

• FCO Leaflet “Support for British National Abroad”: www.fco.gov.uk/travel

• FCO Leaflet “Going to Live Abroad”: www.fco.gov.uk/travel

• Exportable benefits: www.direct.gov.uk/en/BritonsLivingAbroad/Moneyabroad/DG_4000102

• Direct Gov – Britons Living Abroad: www.direct.gov.uk/en/BritonsLivingAbroad/BeforeYouGo/DG_4000018

12.2 Spain

• British Embassy in Spain www.ukinspain.fco.gov.uk

Tel: 902 109 256 (if calling from within Spain) Tel: +34 91 334 2194 (international/alternative number)


• Spanish pension and benefit entitlement. Instituto Nacional de la Seguridad Social www.seg-social.es 900 166 565

• Spanish unemployment benefit Servicio Público de Empleo Estatal www.sepe.es 901 119 999

• Spanish Social Services Instituto de Mayores y Servicios Sociales www.imserso.es - general information on social care, means-tested benefits.

• For detailed information on means-tested benefits, home help and more, contact the social worker at your local town hall.

• For information on ‘sin recursos’ healthcare, contact the social worker at your health centre.

• Age Concern España/ACASA: INFOLINE: 902 00 38 38 (available Mon-Fri, 10amto 4pm) From abroad: (0034) 971 146 439 www.acespana.org

• Age Care Association: Helplines: (0034) 691 76 10 88 or (0034) 655 90 31 82 www.agecarecosta.org

• MABS Cancer Support Group www.mabscancersupport.org

• Costa Blanca Samaritans: (0034) 902 88 35 35 (available 8pm to midnight, 7 days) www.britishexpats.com/news/latest/samaritans

• Fundación CUDECA (cancer care hospice): (0034) 952 56 49 10 www.cudeca.org


• Royal Air Forces Association:

• Benalmádena Branch www.rafabenalmadena.co.uk

• Costa Blanca Branch www.rafacostablanca.com/RAFA/Index.html

Registering with Spanish Authorities:

EU citizens must apply for a Residence Certificate (Certificado de Registro deCuidadano de la Union) in person within three months of entry. Apply to the local officina de Extranjeros or the local police station in your province of residence.

Poppy Support Caseworker Handbook Ch 7 Delivering Welfare...

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