Disability benefits and non-uk diagnoses

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Wondering if anyone has experience of claiming DLA/PIP where the claimant has an ‘invisible’ disability that was diagnosed outwith the UK?

Or successfully getting an EHCP in place for that matter?

My own feeling is that the foreign diagnosis is irrelevant because it should all be based on need anyway, but I’m aware that some documentary proof of need will be required at some stage. Starting the (leeengttthhhhyyyyy) diagnostic process from scratch in the UK feels like a fools errand. Maybe the route is to request EHCA and once that is in motion use it as evidence for DLA? Or maybe a certified translation of the original diagnosis is sufficient?

Would be wonderful to hear any success stories or insider insights. I know it will be a slog whatever else but it would be good to be forewarned and thus forearmed.

For DLA and ECHPs it should be based on need not on diagnosis, but you will need evidence in some way or another.

It might be worth having a chat to your GP and asking, because if you have the diagnosis from the doctor abroad then they may be happy to take it from them. It may depend as to which country though.

GP was very dismissive when approached. Said well I suppose we could request a paediatric appointment but the waiting list is at least 3 years, so I suggest you don’t bother. No other advice offered or comment on original diagnosis. Maybe worth trying to see a different GP?

@MargaretThursday do you have a sense as to which countries would be ‘acceptable’? It’s Europe in this case - I’m not sure why it should matter though.

Reports from abroad can be used as evidence, a certified translation is a good idea.

What do you mean by outwith the UK?

Was the diagnosis outside of the UK recently, have you moved to the Uk recently ? If so there is a waiting period before you can apply for disability benefits.

I don't, I'm afraid. I would suspect Europe was better, but I don't know.
I think there's some countries that their medics need more qualifications if they want to work here, so intuitively I'd guess they'd be considered less reliable, but I might be wrong.

You could try talking to a different GP, or even school (I'm assuming they're at school). If you have the original paper work with the diagnosis on, then I'd hope that would help. If it's just you saying "they were diagnosed" then I can see why they'd want a new assessment.

If they need medication then of course they would need assessment, but for DLA etc, it is on amount of support needed, so worth trying even without a diagnosis.

Diagnosis was not recent. What is the waiting period you’re referring to? I’m not aware of that. Do you mean that some visa types specify ‘no recourse to public funds’? We are not in that situation.

Thanks @OvertakenByLego That’s helpful

@SquirrelFeeder outwith means not in, outside of, apart from. The diagnosis was not made in the UK.

Thanks very much @MargaretThursday I see your logic there. We have the paperwork. Also it’s not really ‘invisible’ if you see what I mean. Hidden somewhat by the EAL aspect but definitely noticeable to professionals such as in school.

To claim PIP you need to have been in the UK for two out of the past three years. Not sure about DLA.

My previous post assumed you meet the eligibility criteria, but yes babyroobs is right there are additional rules.

If DC is over 3 (different rules for those under 3 and for those with less than 12 months to live) they need to have lived in GB for at least 6 of the last 12 months and be habitually resident in the UK, Ireland, Isle of Man or the Chanel Islands. There is a couple of exceptions e.g. refugees from Ukraine and Afghanistan.

Thanks @Babyroobs and @OvertakenByLego - I was concerned for a moment that I had missed something but we are definitely eligible.

The rules are different for children. It is must have lived in GB for at least 6 of the last 12 months for over 3s. At least 26 weeks of the last 156 weeks for DC between 6 months and 3 years. And, for DC under 6 months lived in GB for at least 13 weeks.

Oh right. I've never heard that expression before.

Sorry! I’m Scottish originally. It’s stuck with me as an expression even though it’s less common down here.

DLA can be given without diagnosis at all.

My son is 21 now but we didn’t get his diagnosis until he was 19 - he’s had DLA from a year old.

It’s done from how the child presents and what a child the similar age is expected to be able to do. I.e. my son has never been able to walk, but would be expected to have been able to walk from at least 2 years old. He is non verbal but would have been expected to talk from at least 5 years old.

How old is your child and what additional needs, over a child the same age, do they have?

I'd 100% recommend getting CAB or another organization to fill in the forms with you.

The cerebra guide is an excellent resource for completing the DLA form.

Thanks - I’ve heard good things about the cerebra guide.

So if I have a certified translation of the diagnosis, and if I can say the school has applied for an EHCA and give a copy of the school’s application, do you think That would be enough documentary evidence to prove I’m not making the needs up?

DLA is about needs, not diagnosis so without knowing more it isn’t possible for anyone whether or not that evidence is enough.

To be honest I’m expecting it’s easy enough to read between the lines and take an educated guess at the needs when I’ve said invisible disability, somewhat obscured by communication issues due to being a non-native English speaker, and a three year waiting list for diagnosis. I’m not prepared to discuss in more detail here.

As I said in my OP I understand it should be based on need, but I know DWP like to wriggle out of things if they can. I hoped there might be others with a non-UK diagnosis who could speak to the hoops they had been made to jump through.

Thanks for the helpful advice.

I didn’t ask you to post further information! You asked would it be enough evidence. I replied it is impossible for anyone to state either way without more information as DLA is based on needs, not diagnosis.

It doesn’t matter if it’s invisible. You just show the need. Eg. They are 12 years old but can’t understand simple instructions so unable to walk themselves to school, (a 12 year old generally should be able).

What needs does your child have, over a child the same age?

School will only apply for an EHCP if the child has educational needs. They will arrange for an Educational Psychologist to visit to school and see the child. What needs does your child have at school?