Genre: Legal

Home Improving Services Selected cases -- Parliamentary Selected Cases and Summaries of Completed Investigations - October 1998 - March 1999 C. 682 / 96 Full text Parliamentary Commissioner for Administration Sixth Report Session 1998-99 Volume 2 OCTOBER 1998 - MARCH 1999 The full report of selected cases Summary of selected cases DEPARTMENT OF SOCIAL SECURITY Case No. C. 682 / 96 Misleading information about eligibility for medical cover while living abroad 10.1 Mr H complained that the then Department of Health and Social Security now the Department of Social Security ( DSS ) misled him about his eligibility for medical cover while living abroad ; and that as a result he had to pay for private medical cover for himself and his wife thereby causing him financial hardship . 10.2 My investigation into Mr H's complaint began once the Ombudsman had obtained , after the referral of the complaint , comments from the Chief Executive of the Benefits Agency , an executive agency of DSS with responsibility , since 6 April 1992 , for advice on medical cover abroad . I have not put into this report every detailed investigated by the Ombudsman's staff ; but I am satisfied that no matter of significance has been overlooked . Appendix A to the report gives the meaning of the initials used in it . Back to top Background 10.3 Entitlement to sickness benefit ( SB ) and to invalidity benefit ( IVB ) to which a claimant was entitled after 28 weeks' incapacity ( both replaced from 13 April 1995 by incapacity benefit ) normally depended on the claimant's national insurance ( NI ) contribution record . ( The exceptions were where incapacity had been caused by an accident at work or was due to a prescribed occupational disease . ) Two conditions had to be satisfied . The first was that the claimant must have paid enough Class 1 ( employed persons ) and / or Class 2 ( self-employed persons ) contributions in any one tax year ( which runs from 6 April in one calendar year to 5 April in the next ) to give an earnings factor of at least 25 times the lower earnings limit for payment of contributions for that year . ( The earnings factor approximated to the earnings on which contributions had been paid . ) The second condition for claims made before 2 October 1988 was that , in the relevant tax year , the claimant must have paid or been credited with Class 1 or Class 2 contributions to give an earnings factor of at least 50 times the lower earnings limit . ( NI contribution credits could be awarded to those receiving certain benefits , including SB and IVB . ) The relevant tax year was the last complete tax year before the start of the benefit year . The benefit year was the one which contained the first day in respect of which benefit was claimed . Benefit years started on the first Sunday in January . From 2 October 1988 , the qualifying contributions had to have been paid or credited in both of the last two complete tax years before the start of the benefit year . Those entitled to IVB continued to be entitled to it if they went to live in another European Community country . SB was also payable in certain circumstances . Back to top 10.4 Those living in another European Community country and receiving United Kingdom ( UK ) IVB , retirement pension ( RP ) or widow's benefit were entitled to receive medical treatment for themselves and their dependants under the state scheme of their new country of residence . To qualify , they had to obtain a certificate of entitlement a form E121 from DSS . In completing the form , DSS certified that the person concerned was entitled to a pension for either " old age " , " accident at work " , " invalidity , " " occupational disease , " or " survival " . Those living in another European Community country and receiving UK SB or maternity allowance were entitled to medical cover for the length of their benefit entitlement . Those living , but not working or receiving one of the qualifying benefits , in another European Community country were entitled to medical cover for the period in respect of which they retained an underlying entitlement to UK SB . To qualify , they had to obtain a certificate of entitlement a form E106 from DSS . Enquiries from those going to live abroad are handled by the Overseas Benefit Directorate ( OBD ) of DSS who are responsible for the issue of forms E121 and E106 . Before April 1992 OBD were called Overseas Branch but for the sake of consistency I refer to them throughout this report as OBD . 10.5 A person from the UK who is abroad is normally entitled to pay UK NI contributions voluntarily to maintain his or her UK NI record for RP and certain other benefit purposes . If a person is not gainfully occupied abroad voluntary contribution has to be at the Class 3 ( non-employed ) rate . Back to top Investigation 10.6 In accordance with their normal practice , by the time the complaint was referred DSS had already routinely destroyed all correspondence in Mr H's case before 1994 . Mr H supplied the Ombudsman with letters which DSS had sent to him between 1987 and 1994 and a copy of a letter he had sent to them on 6 June 1988 ; he was unable to supply copies of the other letters which he had sent to DSS during the period . 10.7 1986 In 1986 Mr H retired early on health grounds from the police force . He received IVB from his local Benefits Agency office from 19 April to 19 July . After a short period of unemployment he requalified for IVB from 28 November 1986 . Back to top 10.8 1987 On 20 January 1987 Mr H wrote to OBD saying that he was contemplating moving to live in Spain . He told the Ombudsman's staff that in that letter he had asked specifically for advice on health cover and what he needed to do to maintain his RP rights . On 30 January OBD replied enclosing a leaflet SA 29 entitled " Your social security , health care and pension rights in the European Community " and a leaflet NI38 entitled " Social Security abroad " which included an application form to pay NI contributions while abroad . They said that it might be possible to provide him with limited medical cover ( certificate E106 ) based on his UK NI contributions when he took up residence in Spain ; but if the certificate was issued the cover could be provided only for as long as residual entitlement to SB existed . They said that , when the E106 expired , he should take out private medical insurance to cover him until his 65th birthday when cover would again be given by virtue of certificate E121 which would be issued with effect from the date his RP became payable . OBD asked Mr H to provide his NI number so that they could check his record ; the date of his intended departure ; and his address abroad . I reproduce at Appendix B , paragraphs 15 , 16 , 17 and 18 of the 1986 version of leaflet SA 29 , which appeared under the general heading " Health Care " and the first part of paragraph 24 which appeared under the general heading " The benefits involved " . 10.9 On 10 March the local Benefits Agency office sent Mr H the IVB due for the period from 4 to 17 March . On 19 March Mr H sent OBD the completed application form to pay voluntary NI contributions while abroad . He wrote an accompanying letter which he told the Ombudsman's staff had merely informed OBD of the date of his departure from the UK . Mr H and his wife moved to Spain on 20 March . Around that time ( the date is not recorded ) the local Benefits Agency office sent Mr H a form 189 asking him to provide further medical evidence if he remained incapable of work ( they held medical evidence up to 19 March ) . They received no reply and on 6 April they sent Mr H a final payment of IVB for the period from 18 to 19 March . Also on 6 April OBD wrote thanking Mr H for his correspondence . They said that , on checking his NI record , he had paid sufficient NI contributions in respect of the tax year 1985 / 86 to provide him with medical cover by virtue of certificate E106 until 3 January 1988 . They reminded Mr H that cover did not last indefinitely and that he should take out private medical insurance when the certificate expired . They said that it might be possible to provide medical care after 3 January 1988 based on the NI contributions paid in respect of the 1986 / 87 tax year ; and they asked him to contact them again six weeks before the E106 expired . The remainder of the letter dealt with Mr H's payment of voluntary contributions . On the same date , 6 April , OBD sent form E106 to the relevant Spanish authority . Back to top 10.10 1988 On 2 January 1988 Mr H wrote to OBD asking whether further medical cover was possible . On 15 February OBD issued a form E106 certifying entitlement to medical cover for the period from 4 January to 31 December . On 21 April Mr H wrote to OBD asking for a form E121 . On 18 May OBD replied saying that , as a form E121 could be issued only to a person in receipt of a UK RP , it was not applicable to Mr H's circumstances . They said that , if he and his wife were still abroad when they reached retirement age and were entitled to a UK RP , a form E121 would automatically be issued to provide medical cover in Spain . On 6 June Mr H wrote again to OBD saying that his request for a form E121 had been made as a result of information received from the Spanish authorities that the occupational pensions received by himself and his wife were sufficient to qualify them for medical cover under the Spanish state scheme . He said that he and his wife had private medical cover but it was very restricted . He said that he had seen a form E121 on which there was provision for " other pensions " ; and he asked if that would not cover himself and his wife or , if not , whether there was no other form with which they could be issued to produce to the Spanish authorities . On 19 July OBD replied saying that Mr H must be in receipt of RP to be entitled to a form E121 . Back to top 10.11 1994 On 24 January 1994 Mr H wrote to OBD saying that he felt that they had previously failed fully to inform him of his correct entitlement . He explained that he had had to finish work because of ill health and on 20 March 1987 had moved with his wife to Spain . He said that he had received IVB until he left the UK ; and that before leaving he had sought advice about contributions and health care . He went on to relate the information which OBD had given about medical cover in their letters of 30 January 1987 , 18 May and 19 July 1988 . He said that , after changes to European Community law in November 1993 , he had consulted his local ( Spanish ) Social Security office who had told him that nothing had changed ; but that as he had retired from work on health grounds and was receiving a pension , although he was not yet 65 years of age , he should be able to obtain a form E121 . Mr H said that his wife had recently applied for a RP forecast and had received leaflet SA 29 ( print date August 1993 ) paragraph 16 of which said that anyone receiving IVB before going to live abroad was eligible for form E121 . He said that had not been mentioned in any of the replies which he had received from OBD ; and it appeared that he had been entitled to the form but had been misinformed . Moreover , it seemed from paragraph 25 of the leaflet that IVB was payable abroad . Mr H asked whether he could have continued to receive IVB while in Spain . I reproduce at Appendix C , paragraphs 15 , 16 , 17 and the first part of paragraph 25 of the relevant ( 1993 version of ) leaflet SA 29 . Back to top 10.12 On 22 February OBD replied saying that IVB was payable in Spain provided that a person continued to satisfy the conditions for receipt of the benefit had he remained in the UK . They enclosed a claim form for Mr H to complete and return with supporting medical evidence . They reminded him that IVB was not payable for a period more than 12 months before the date of claim . On 11 March Mr H wrote to OBD saying that he had paid Class 3 ( voluntary ) contributions since going to Spain . He asked whether he could qualify for IVB ; and for advice on the medical evidence required . He also asked OBD to send him form E121 on 15 April , after obtaining his contribution record . OBD replied saying that , as he had not paid Class 1 contributions since 1987 , he could not satisfy the contribution conditions for receipt of benefit ( Class 3 contributions could not satisfy the requirements ) . On 9 May Mr H wrote again pointing out that the main point of his letter of 24 January , the request for a form E121 , had been ignored . He said that it appeared from leaflet SA 29 that he had been entitled to the form when he had left the UK because he had been receiving IVB . 10.13 On 7 June OBD wrote to Mr H saying that , as he was not in receipt of RP or IVB , they were unable to provide him with form E121 . Mr H replied on 22 June referring to paragraph 16 of leaflet SA 29 ( the current version ) and saying that he was applying retrospectively for the form E121 which should have been issued to him in 1987 when he went abroad . He said that in 1987 and 1988 OBD had wrongly told him that form E121 could be issued only to a person in receipt of RP . If they had given him the right information and issued form E121 as they should have done , he would still be covered under the Spanish health service . OBD replied on 18 August apologising for the delay in doing so . They said that , as Mr H's IVB had ended on 19 March 1987 , he was no longer entitled to form E121 ; and he could not requalify for IVB because he had not paid Class 1 NI contributions since 1987 . On 3 September Mr H wrote to OBD complaining about their failure in their letters of 30 January and 6 April 1987 , 18 May and 19 July 1988 to mention the possibility of entitlement to a form E121 on the basis of receiving IVB . He said that he had the leaflet SA 29 print date January 1986 ( which had been sent to him on 30 January 1987 see paragraph 10.8 ) and observed that paragraph 16 made no mention of form E121 , unlike paragraph 16 of the later August 1993 print of the leaflet . He said that , although he had contacted OBD two months before leaving the UK , he had never been advised of the link between entitlement to IVB and to form E121 ; and he therefore could not have known about it until reading the 1993 leaflet sent to his wife ( paragraph 10.11 ) . He asked OBD why they had not noticed when they had checked his NI record in 1987 ( paragraph 10.9 ) that he was being credited with NI contributions as a result of receiving IVB ; and he asked them to send him the form E121 which they should have sent to him when he had left the UK . He added that he had not continued his claim to IVB after leaving the UK because he had not been aware that it was payable abroad . Back to top 10.14 On 11 October OBD wrote to Mr H saying that they were unable to give him a form E121 because he was not entitled to IVB ; but , in view of his comments in his letter of 3 September , they were looking again at his case . On 1 November OBD wrote to Mr H saying that , according to their records , they had sent him information about benefit entitlement abroad but he had not continued his ( IVB ) claim when he had left the UK . They said that any new claim would not succeed because of the contribution and late claim conditions ( paragraph 10.12 ) , but NI credits might be awarded if he supplied medical evidence of incapacity for work . They asked him to let them know if he wanted to make a claim . On 17 November Mr H wrote to OBD making a claim for NI credits and enclosing medical evidence . He said he was confused by the correspondence and asked whether his request for a form E121 was still being considered . On 29 November OBD told Mr H that his case would be looked at again and that he would receive a full reply to his letter of 17 November shortly . 10.15 1995 On 19 January 1995 Mr H wrote to OBD asking for a decision on his request for a form E121 . On 15 March OBD replied saying that they could issue form E121 only if Mr H was entitled to and receiving IVB ; as that was not the case , they were unable to do so . On 5 April OBD told Mr H that NI credits had been awarded from 9 September 1993 . 10.16 1996 On 9 April 1996 , after further correspondence between Mr H and OBD , Mr H asked the then Member of Parliament who jointly chaired the All Party Group for Pensioners to refer his complaint to the then Ombudsman . The Member did so on 3 May . In October 1996 an adjudication officer ( AO ) decided that , from 10 October , Mr H could not be treated as incapable of work ; and that as a result he was not entitled to NI incapacity credits from that date . ( Mr H subsequently made an unsuccessful appeal against the AO's decision . ) 10.17 In his comments on the case the Chief Executive of the Benefits Agency said that there was no evidence to suggest that Mr H had been incapacitated when he had left the UK to live in Spain ; his last medical certificate had expired on 19 March 1987 and he had made no enquiries about continuing payment of benefit abroad . The leaflet SA 29 which had been sent to him on 30 January 1987 had provided guidance on medical cover ; and it had clearly said that IVB was payable abroad and those receiving it were entitled to medical cover . The Chief Executive said that the failure on the part of OBD later , in 1988 , to include specific reference to IVB in letters was regrettable ; but had been based entirely on the information available at the time . IVB had neither been in payment nor mentioned by Mr H in his correspondence until January 1994 . Turning to Mr H's statement that , when OBD had been considering the issue of form E106 in 1987 ( paragraphs 10.9 and 10.13 ) , it should have been evident from his NI contribution record that he had been in receipt of NI credits for IVB , the Chief Executive said that , at the time of Mr H's departure from the UK , the tax year 1986 / 87 had not ended and as a result there would have been no record of any credits for that year on his NI account . He said that credits were not recorded until well after the end of the tax year . It would have been impossible , therefore , for OBD to have known in April 1997 that Mr H had been receiving IVB from his local DSS office when he had first written in January 1997 . Back to top 10.18 In conclusion , the Chief Executive said that it was unfortunate that the letters to Mr H in 1988 had not mentioned form E121 being applicable to those receiving IVB as well as RP . That had been an omission which the Department recognised . However , the Chief Executive said , Mr H had neither received nor mentioned IVB after his departure abroad . Additionally , leaflet SA 29 had provided clear guidance about medical cover and receipt of benefit abroad . Taking those facts into account , there were no grounds for reimbursement of health costs incurred by Mr H from 1 January 1989 , the expiry date of the form E106 . On 16 January 1997 the Chief Executive wrote to Mr H apologising for any trouble and inconvenience caused by the less than satisfactory service he had received . In the course of my investigation one of the Ombudsman's officers received confirmation from OBD that had Mr H claimed benefit in 1988 he would have been within time , as the requirements then stood , for payment ( paragraph 10.3 ) . Back to top Findings 10.19 The letter which OBD sent to Mr H on 30 January 1987 ( paragraph 10.8 ) was correct as far as it went but it was misleading in that it omitted information about the entitlement to medical cover in another European Community country of those receiving UK SB , IVB , maternity allowance or widow's benefit . That was a serious omission for which I criticise them . In my view , OBD should either have covered all the circumstances in which medical cover was available ; or none of them and simply directed Mr H to the information in the leaflet SA 29 , offering further advice on any particular aspect if needed . The 1986 version of leaflet SA 29 , which OBD sent to Mr H , contained all that he needed to know about medical cover abroad ; but the presentation of some of that information gave me cause for concern . 10.20 Paragraph 16 of the leaflet was the one which covered the link between IVB and medical cover ( Appendix B ) but I found the heading to the paragraph misleading in that it referred to " State pensioners " . It seemed to me that those like Mr H receiving IVB would not have regarded themselves as pensioners and might therefore have been dissuaded from reading further . Similarly , the text of the paragraph referred to invalidity pension . I was pleased to see that the relevant heading and the text in the later ( 1993 ) issue of the leaflet had been changed ( Appendix C ) . I noted also that the paragraph failed to make clear that IVB ( and RP and widow's benefit ) had to be in payment abroad , rather than in payment before departure , to give entitlement to medical cover . In 1994 when Mr H read both the 1986 and 1993 versions of the leaflet ( paragraphs 10.11 to 10.14 ) he was misled by the wording of paragraph 16 on that very point . Be all that as it may , paragraph 16 did not stand in isolation and , given Mr H's circumstances in 1987 , I consider it reasonable to have expected him also to have read that part of the leaflet concerned with social security benefits . If he had done so , he would have known that he could continue to claim IVB after he moved to Spain ( Appendix B ) ; and I am confident from what he said in his letter of 3 September 1994 ( paragraph 10.13 ) that that is what he would have done instead of allowing it to lapse . He would then have been entitled to a form E121 for as long as his entitlement to IVB continued . It follows that I do not think that OBD's less than comprehensive letter of 30 January 1987 was crucial to Mr H's future action ; the leaflet which they sent him at the same time should have been sufficient to set him on the right track . Back to top 10.21 Mr H asked why , when OBD checked his NI record in 1987 , the credit of NI contributions , because of his receipt of IVB , had not been spotted ( paragraph 10.13 ) . I have seen Mr H's NI account which OBD examined in April 1987 ( paragraph 10.9 ) and again in February 1988 ( paragraph 10.10 ) before issuing forms E106 . The Chief Executive has explained that , in April 1987 , the last tax year for which details were recorded was 1985 / 86 ( paragraph 10.17 ) . That year showed Class 1 NI contributions to the value of £ 905.64 paid on Mr H's employment with the police force . When OBD examined Mr H's NI account again in February 1988 ( paragraph 10.10 ) , the details of the tax year 1986 / 87 had been recorded . They showed Class 1 NI contributions to the value of £ 144.96 paid on Mr H's employment with the police force , 30 NI credits awarded by the local Benefits Agency office , and nine credits awarded by the local Unemployment Benefit office . I am satisfied that the information on Mr H's NI account was not such that OBD , either in April 1987 or February 1988 , should have taken action other than they did . 10.22 That is though not the end of the matter . On 21 April 1988 Mr H asked OBD for a form E121 believing , after discussion with the Spanish authorities , that the occupational pensions received by himself and his wife qualified them for medical cover in Spain ( paragraph 10.10 ) . The response he received that only those receiving UK RP qualified for the form was clearly wrong . Moreover , when Mr H challenged the advice OBD repeated it a second time despite their attention having been drawn to the wording on the form E121 which referred to pensions other than those for retirement ( paragraph 10.4 ) . That was a serious error for which I criticise OBD . The question which arises from their error is what would have been the outcome if it had not occurred . As I saw it , if OBD had given Mr H as they should have done a full description of the benefits and pensions which entitled a person to a form E121 , he would have begun the sort of enquiries which he began six years later in 1994 ( paragraph 10.11 ) . Moreover , I am satisfied that those enquiries would have led to the realisation that he could have continued his claim to IVB after going to live in Spain . It seemed to me , therefore , that the incorrect information which OBD had given to Mr H in 1988 had prevented him from making a late claim for SB / IVB which he otherwise would have made ; and I thought that DSS should put that right by placing him as far as that was now possible in the position in which he would have been had he made such a claim . I suggested that should involve DSS taking a view on the value of any lost entitlement to benefit ; of any voluntary NI contributions which Mr H had paid unnecessarily ; and of any medical costs incurred as a consequence of lost entitlement to medical cover . Accordingly , I asked the Chief Executive of the Benefits Agency to consider Mr H's case in the light of my comments . Back to top 10.23 I am pleased to report that the Chief Executive replied that it had been decided to make Mr H an ex gratia payment subject to enquiries to determine whether he had satisfied the conditions for benefit in the period from 1988 to 1994 ; and to the production of evidence of his medical costs . DSS subsequently awarded Mr H an ex gratia payment of £ 35,648.74 to replace his lost statutory entitlement to SB , IVB and incapacity benefit from 21 March 1988 ( the maximum backdating which could have been allowed in Mr H's case under the law at the time was one month ) to 9 October 1996 ( when he was deemed capable of work see paragraph 10.16 ) ; and an ex gratia payment of £ 3,901.98 to meet the cost of medical insurance which Mr H incurred in the period from 1 January 1989 to 31 December 1996 plus interest on that sum of £ 909.86 . DSS will also pay Mr H interest on the sum of £ 35,648.74 which they have yet to calculate and which is likely to amount to between £ 9,500 and £ 10,000 . In addition , they have undertaken either to award Class 1 NI credits to Mr H in respect of the period from 21 March 1988 to 9 October 1996 and to refund with interest the Class 3 ( voluntary ) contributions which he paid for that period ; or to reimburse him the cost of the Class 3 contributions with compensation for the loss of use of the money . 10.24 One final matter deserves mention . My investigation has shown that Mr H's claim of misdirection , which he made in January 1994 ( paragraph 10.11 ) , was handled badly by OBD . They failed to address the issue , despite several letters from him ( paragraphs 10.12 and 10.13 ) , for some nine months and then only superficially ( paragraph 10.14 ) . I criticise them for their poor response to Mr H's representations . Back to top Conclusion 10.25 OBD dealt poorly with Mr H's enquiries about medical cover both before and after he moved to live in Spain . The incorrect information which they gave him in 1988 caused him financial loss for which DSS have agreed fully to compensate him by awarding ex gratia payments of £ 35,648.74 to replace his lost statutory entitlement to benefit plus interest on that sum which is likely to amount to between £ 9,500 and £ 10,000 ; £ 3,901.98 to meet the cost of medical insurance plus £ 909.86 interest on that sum ; and undertaking either to refund with interest Class 3 ( voluntary ) NI contributions which Mr H has paid unnecessarily or to reimburse him the cost of the Class 3 contributions which he has paid in respect of the period from 21 March 1988 to 9 October 1996 with compensation for the loss of use of the money . I regard all that , together with the Chief Executive's apologies for OBD's poor service ( paragraph 10.18 ) , as a satisfactory response to a justified complaint . Back to top Appendix A Initials used and their meanings DSS Department of Social Security IVB invalidity benefit NI national insurance OBD Overseas Benefits Directorate RP retirement pension SB sickness benefit UK United Kingdom Back to top Appendix B Extracts from the 1986 version of leaflet SA 29 15 . Living ( but not working ) in another Community country . 15.1 If you are going to live , but not work , in another Community country you may be entitled to receive medical treatment for a limited period at UK expense under the State scheme of your new country of residence . This period is linked to any remaining entitlement to UK sickness benefit you may have . When this period expires you will cease to be covered by the UK . Consider joining the state health insurance scheme , if possible , or take out private insurance ( but see paragraphs 16 and 17 ) . Write to the Department's Overseas Branch ( address on page 1 ) as far in advance as possible before you go . 15.2 If you become employed again you will need to contribute to sickness insurance fund in order to claim benefits from the scheme of the country in which you are living . 16 . State pensioners living in another Community country If you are receiving a State invalidity or retirement pension or widow's benefit and you go to live in another Community country ( or if such a benefit or pension becomes payable when you are living there ) you and any dependent members of your family who go with you , will be entitled to the health services of the sickness insurance institution of that country as though you were insured with it . Write to the Department's Overseas Branch ( address on page 1 ) as far in advance as possible before you go . 17 . Receiving sickness benefit or maternity allowance If you are receiving sickness benefit or maternity allowance and you go to live in another Community country you and any dependent members of your family will be entitled to the health services of the sickness insurance institution of the country to which you go . You will be covered for the length of your sickness benefit or maternity allowance entitlement . To be eligible for these benefits you must obtain the authority of this Department before you leave the UK . Write to the Department's Overseas Branch ( address on page 1 ) . Back to top 18 . In all cases You will be entitled to medical treatment on exactly the same terms and conditions as apply to the insured persons of the country to which you are going . Information about other countries' schemes can be found in the EC Guide ( see page 5 ) . For more detailed information consult the local sickness insurance institution . 24 . Invalidity benefit UK invalidity benefit If you are entitled to UK invalidity benefit , you will be entitled to it wherever you may live or stay in the Community . You may also be entitled to invalidity benefit from Denmark , the Federal Republic of Germany , Greece ( except under the agricultural insurance scheme ) , Italy , Luxembourg , or under the French miner's scheme , if you have been insured at any time in those countries . The amount of invalidity benefit will be calculated as explained in paragraph 28.2 Back to top Appendix C Extracts from the 1993 version of leaflet SA 29 15 . Living ( but not working ) in another EC Country If you are going to live , but not work , in another EC country you may be able to get health care for a limited period at UK expense under the state scheme of your new country of residence . This period is linked to any remaining entitlement to UK Sickness Benefit you may have . When this period ends you will no longer be covered by the UK . You may then be able to contribute voluntarily to the state sickness insurance scheme of your new country of residence . Otherwise , you will need to take out private insurance but see the following sections paragraphs 16-18 . Write to the Benefits Agency at the address on page 2 for form E106 as far in advance as possible before you go . Your application must state your full name and address in the UK ; your maiden name ( if appropriate ) ; your date of birth ; your nationality ; your National Insurance number ; the full name ( s ) and postal address ( es ) of your UK employers ( s ) in the last 2 years ; the date you finished work ; the date of your departure from the UK ; whether you intend seeking work abroad ; your wife / husband's full name , date of birth and National insurance number . you become employed again you will need to contribute to a sickness insurance institution in order to claim benefits from the scheme of the country in which you are living . Back to top 16 . Receiving Invalidity or Widows's Benefit or Retirement Pension and living in another EC country . If you are receiving Invalidity or Widow's Benefit or Retirement Pension and you go to live in another EC country ( or if such a benefit or pension becomes payable when you are living there ) you and any dependent members of your family who go with you will generally be entitled to the health services of the sickness insurance scheme of that country . Write to the Benefits Agency at the address on page 2 for form E121 as early as possible before you go . If you are entitled to a pension from the country where you go to live and you are entitled to health care under that country's rules , then the UK may not be responsible for your health care costs . You may have to pay contributions to a scheme in your new country of residence . You may wish to confirm this with the sickness insurance office in the country where you intend to live before you go . 17 . Receiving Maternity Allowance , Sickness or Industrial Disablement Benefit in another EC Country . If you are receiving Maternity Allowance or Sickness or Industrial Disablement Benefit from the UK and you go to live in another EC country , you and any dependent members of your family will be entitled to the health services of the country which you go to . You will be covered for the length of your Maternity Allowance , Sickness or Industrial Disablement Benefit entitlement . If you are eligible for these benefits you must obtain prior authority from the Benefits Agency at the address on page 2 . If you are receiving Industrial Disablement Benefit and you go to live in another EC country , you will be entitled to health care in relation to your particular disability . Write to the Benefits Agency at the address on page 2 for form E123 . Back to top 25 . Invalidity Benefit . UK Invalidity Benefit If you are entitled to UK Invalidity Benefit , you will be entitled to it wherever you may live or stay in the EC . You may also be entitled to Invalidity Benefit from Denmark , Germany , Greece ( except under the agricultural insurance scheme ) , Italy , Luxembourg , Portugal or under the French miners' scheme , if you have been insured at any time in those countries . The amount of Invalidity Benefit will be calculated as explained in How your claim is dealt with on pages 30-31 .