Exportable Benefits

I shall answer those points in my speech. As I was saying before the hon. Gentleman intervened, we are providing staff. We have a presence, and are working with the Spanish authorities. That is in contrast to the characterisation the hon. Gentleman attempted to give of our interest in British people living overseas. The team on the ground offers up-to-date and accurate information on entitlements; it liaises with the Spanish authorities to resolve the most complex cases; and it also works closely with and improves co-operation with the Spanish benefits agency—the National Institute of Social Security. The team is approached on occasion by customers who are priority cases in difficult welfare and health care situations, and who need quick intervention. Recent cases have included dealing with terminally ill customers requiring medical cost advice, and giving support to vulnerable customers when benefits have not been claimed. People who cannot receive a benefit from the UK may be able to receive a benefit or service from their new state of residence. If they are integrated in their new community and satisfy relevant conditions they may be able to receive benefit and assistance from social services, just like people who come to the UK. In fact, we know that people can and do receive help. For example, there are messages on various websites. One person who left the UK in 2004 recounts that she had three strokes and has""received excellent treatment in France"." She writes on the website:""I received a letter telling me I am considered 80% or more disabled and will receive an allowance which will pay for a home help. My husband will also get an allowance for helping me in the house with washing, dressing etc."" She goes on to say that although she is happy with the help she gets in France she feels bitter that she cannot get help from the UK, as she and her husband paid into the system all their working lives. I am pleased that lady is receiving the help she requires. As Minister for disabled people I strongly support the provision of services for disabled people, but the imposition of conditions such as the past presence test is compatible with regulation 1408/71. If the hon. Member for Forest of Dean wishes, I shall send him details of the regulation. Conditions of entitlement under domestic legislation must be taken into consideration. The European Commission has indeed written to us to start infringement proceedings, as hon. Members have noted today, on the basis that it considers the past presence test to be an unlawful residence test. We have replied explaining our position in detail and in particular ensuring that the Commission understands how we treat workers. We have not yet received a response. Members have asked why we do not agree with the Commission. The UK is not alone among member states in disagreeing from time to time with the European Commission in this and other policy areas. I am sure that hon. Members present have disagreed with it, and have called on the UK Government to argue their case. Of course, that is what we do when we disagree. However, we have never published such correspondence with the European Commission. It is important that we can have frank and robust exchanges with the Commission, and to publish them would undermine our opportunity to engage in them. That is not true just of the present case; it is the general custom and practice.