Jl v Revenue and Customs (Chb) (European Union Law – Council Regulations 1408/71/Eec and (Ec) 883/2004): UTAA 9 May 2017
Citations: [2017] UKUT 193 (AAC) Links: Bailii Jurisdiction: England and Wales Benefits Updated: 30 March 2022; Ref: scu.595505
Citations: [2017] UKUT 193 (AAC) Links: Bailii Jurisdiction: England and Wales Benefits Updated: 30 March 2022; Ref: scu.595505
Citations: [2017] UKUT 65 (AAC) Links: Bailii Jurisdiction: England and Wales Benefits Updated: 26 March 2022; Ref: scu.584149
Citations: [2017] UKUT 26 (AAC) Links: Bailii Jurisdiction: England and Wales Benefits Updated: 26 March 2022; Ref: scu.584120
[2016] UKUT 176 (AAC) Bailii England and Wales Benefits Updated: 15 January 2022; Ref: scu.563373
Carer’s allowance [2016] UKUT 148 (AAC) Bailii England and Wales Benefits Updated: 15 January 2022; Ref: scu.563362
As the decision of the First-tier Tribunal (made on 6 June 2014 at Liverpool under reference SC064/14/00236) involved the making of an error in point of law, it is SET ASIDE under section 12(2)(a) and (b)(ii) of the Tribunals, Courts and Enforcement Act 2007 and the decision is RE-MADE. The decision is: The claimant is … Continue reading Secretary of State for Work and Pensions (AA) v AK (European Union Law : Council Regulations 1408/71/Eec and (Ec) 883/2004 ): UTAA 4 Mar 2015
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ECJ Action for annulment – Social security – Regulation (EEC) No 1408/71 – Articles 4(2a) and 10a – Annex IIa – Regulation (EC) No 647/2005 – Special non-contributory benefits Citations: [2007] EUECJ C-299/05, [2007] ECR I-8695 Links: Bailii Statutes: Regulation (EC) No 647/2005 Jurisdiction: European Citing: Applied – Molenaar v Allgemeine Ortskrankenkasse Baden-Wurttemberg ECJ 5-Mar-1998 … Continue reading Commission v Parliament and Council (Free Movement of Persons): ECJ 3 May 2007
ECJ Opinion – Special non-contributory benefits – Regulation (EC) No 647/2005 of the European Parliament and of the Council of 13 April 2005 amending Council Regulations (EEC) No 1408/71 and (EEC) No 574/72 – Finland: childcare allowance – Sweden: disability allowance and care allowance for disabled children – United Kingdom: disability living allowance, attendance allowance … Continue reading Commission of The European Communities v European Parliament and Council Of The European Union: ECJ 7 May 2007
The appellant challenged the refusal of the grant to her of state pension credit. Held: Her appeal failed. Judges: Lord Clarke of Stone-cum-Ebony MR, Moses, Sullivan LJJ Citations: [2009] 3 CMLR 36, [2010] PTSR 128, [2009] EWCA Civ 621, [2009] 4 All ER 738 Links: Bailii Statutes: Council Regulation (EC) 1408/71, State Pension Credit Act … Continue reading Patmalniece v Secretary of State for Work and Pensions: CA 25 Jun 2009
Disability Living Allowance – Appeal allowed – The respondent remained entitled to receive the care component of disability living allowance following her permanent move to Spain on 5 November 2002. The decision of 8 January 2007 under appeal, purporting to supersede and terminate her previous indefinite award from 6 November 2002, is set aside as … Continue reading Secretary of State for Work and Pensions v LT (DLA): UTAA 19 Jul 2012
ECJ Opinion – Social security – Regulation (EEC) No 1408/71 – Sickness benefits – Invalidity benefits – Special non-contributory benefits – Definitions – Short-term incapacity benefit in youth – Conditions for granting – Conditions of residence and presence in the territory of the Member State – Lawfulness – Article 10 of Regulation (EEC) No 1408/71 … Continue reading Stewart v Secretary of State for Work and Pensions: ECJ 17 Mar 2011
ECJ (Opinion) Social security – Regulation (EEC) No 1408/71 – Sickness benefit – Former migrant worker who has acquired a right in the State of employment to cover the risk of dependence on compulsory affiliation – Return to the State of origin – Absence of coverage of the risk of dependency in the State of … Continue reading da Silva Martins v Bank Betriebskrankenkasse-Pflegekasse (Free Movement Of Persons): ECJ 13 Jan 2011
European Union Law – Council Regulations 1408/71/EEC and (Ec) 883/2004 – child Benefit Citations: [2019] UKUT 289 (AAC) Links: Bailii Jurisdiction: England and Wales Benefits, European Updated: 16 August 2022; Ref: scu.642319
The court was asked whether an obligation arose to pay child benefit for the children of a Portuguese worker resident here but no longer working for his children living in Portugal. Held: The benefit was payable. Citations: [2010] EWCA Civ 291 Links: Bailii Statutes: EC Council Regulation 1408/71 of 14 June 1971, Social Security, Contributions … Continue reading Revenue and Customs v Ruas: CA 23 Mar 2010
European Union Law – Council Regulations 1408/71/EEC and (Ec) 883/2004 Citations: [2019] UKUT 86 (AAC) Links: Bailii Jurisdiction: England and Wales European, Benefits Updated: 11 July 2022; Ref: scu.639465
European Union Law – Council Regulations 1408/71/EEC and (Ec) 883/2004 Citations: [2019] UKUT 84 (AAC) Links: Bailii Jurisdiction: England and Wales Benefits, European Updated: 11 July 2022; Ref: scu.639464
ECJ Regulations (EEC) Nos 1408/71 and 574/72 – Family benefits – Child-raising allowance – Entitlement to benefits of the same kind in the Member State of employment and the Member State of residence.Grand Chamber – The claim related to Austrian women working in Austria but living in Germany with their German husbands who worked in … Continue reading Dodl and Oberhollenzer (Social Security For Migrant Workers): ECJ 7 Jun 2005
Benefits in kind for pensioners. The Court was asked whether a person receiving an invalidity pension in the Netherlands was entitled to reclaim the cost of medical treatment in Germany. Held: The status of ‘worker’ for the purpose of article 22 was not restricted to active as opposed to inactive workers. Such pensioners came within … Continue reading Bestuur Van Het Algemeen Ziekenfonds Drenthe-Platteland v Pierik: ECJ 31 May 1979
Medical treatment. Citations: R-117/77, [1978] EUECJ R-117/77 Links: Bailii Jurisdiction: European Cited by: See Also – Bestuur Van Het Algemeen Ziekenfonds Drenthe-Platteland v Pierik ECJ 31-May-1979 Benefits in kind for pensioners. The Court was asked whether a person receiving an invalidity pension in the Netherlands was entitled to reclaim the cost of medical treatment in … Continue reading Bestuur van Het Algemeen Ziekenfonds Drenthe-Platteland v G Pierik: ECJ 16 Mar 1978
ECJ (Judgment) Social security for migrant workers – Austrian scheme of insurance against the risk of reliance on care – Classification of benefits and lawfulness of the residence condition from the point of view of Regulation (EEC) No 1408/71 Citations: [2001] EUECJ C-215/99, [2001] ECR I-1901, ECLI:EU:C:2001:139 Links: Bailii Jurisdiction: European Cited by: Cited – … Continue reading Jauch v Pensionsversicherungsanstalt der Arbeiter: ECJ 8 Mar 2001
ECJ (Judgment) Social security – Regulation (EEC) No 1408/71 – Personal scope – Parental benefit – Maintenance of entitlement to benefits after transfer of residence to another Member State Citations: [1998] ECR I-3443, [1998] EUECJ C-275/96, ECLI:EU:C:1998:279 Links: Bailii Jurisdiction: European Cited by: Cited – Secretary of State for Work and Pensions v Tolley SC … Continue reading Kuusijarvi v Riksforsakringsverket: ECJ 11 Jun 1998
ECJ (Judgment) Freedom of movement for workers – Benefits designed to cover the risk of reliance on care Citations: [1998] ECR I-843, [1998] EUECJ C-160/96 Links: Bailii Jurisdiction: European Cited by: Applied – Commission v Parliament and Council (Free Movement of Persons) ECJ 3-May-2007 ECJ Action for annulment – Social security – Regulation (EEC) No … Continue reading Molenaar v Allgemeine Ortskrankenkasse Baden-Wurttemberg: ECJ 5 Mar 1998
ECJ A benefit such as the child-raising allowance, which is automatically granted to persons fulfilling certain objective criteria, without any individual and discretionary assessment of personal needs, and which is intended to meet family expenses, falls within the scope ratione materiae of Community law as a family benefit within the meaning of Article 4(1)(h) of … Continue reading Martinez Sala v Freistaat Bayern: ECJ 12 May 1998
European Union Law – Council Regulations 1408/71/EEC and (Ec) 883/2004 – the United Kingdom is the competent State for the claimant’s claim for a carer’s allowance. The Secretary of State will now investigate and decide whether she qualifies for an award. Citations: [2019] UKUT 239 (AAC) Links: Bailii Jurisdiction: England and Wales Benefits, European Updated: … Continue reading JS v Secretary of State for Work and Pensions (CA): UTAA 30 Jul 2019
European Union Law – Council Regulations 1408/71/Eec and (Ec) 883/2004 Citations: [2018] UKUT 121 (AAC) Links: Bailii Jurisdiction: England and Wales Benefits, European Updated: 13 April 2022; Ref: scu.609189
European Union Law – Council Regulations 1408/71/EEC and (Ec) 883/2004) Citations: [2016] UKUT 547 (AAC) Links: Bailii Jurisdiction: England and Wales European, Benefits Updated: 03 February 2022; Ref: scu.588780
UTAA European Union Law : Council Regulations 1408/71/Eec and (Ec) 883/2004 ) [2015] UKUT 526 (AAC) Bailii England and Wales Benefits, European Updated: 05 January 2022; Ref: scu.553602
The Court was asked whether the United Kingdom is precluded, by Council Regulation (EC) No 1408/71 on the application of social security schemes to employed persons, self-employed persons and members of their families moving within the Community, from imposing a requirement of residence in Great Britain as a condition of entitlement to Disability Living Allowance … Continue reading Secretary of State for Work and Pensions v Tolley: SC 29 Jul 2015
UTAA European Union Law : Council Regulations 1408/71/EEC and (EC) 883/2004 [2015] UKUT 146 (AAC) Bailii Council Regulation (EC) 883/2004), Council Regulation 1408/71/EEC England and Wales Benefits Updated: 29 December 2021; Ref: scu.545160
European Union Law : Council Regulations 1408/71/EEC and (EC) 883/2004 [2014] UKUT 571 (AAC) Bailii England and Wales Benefits, European Updated: 29 December 2021; Ref: scu.544772
European Union Law : Council Regulations 1408/71/Eec and (Ec) 883/2004 [2014] UKUT 544 (AAC) Bailii England and Wales Benefits, European Updated: 29 December 2021; Ref: scu.544768
Winter Fuel Payment – (European Union Law : Council Regulations 1408/71/EEC and (EC) 883/2004 ) [2014] UKUT 259 (AAC) Bailii England and Wales Benefits, European Updated: 20 December 2021; Ref: scu.535752
Disability Living Allowance [2015] UKUT 108 (AAC) Bailii Council Regulation 1408/71/EEC, Council Regulation (EC) 883/2004 Benefits, European Updated: 02 December 2021; Ref: scu.523148
The Court was asked as to entitlement to receive the care component of disability living allowance when she moved permanently from the United Kingdom to Spain. Jackson, Sullivan, Floyd LJJ [2013] EWCA Civ 1471 Bailii Council Regulation (EC) No 1408/71 England and Wales Citing: Cited – Martinez Sala v Freistaat Bayern ECJ 12-May-1998 ECJ A … Continue reading Tolley (Deceased) v The Secretary of State for Work and Pensions: CA 23 Oct 2013
European Union law – Council regulations 1408/71/EEC and (EC) 883/2004 [2013] UKUT 475 (AAC) Bailii Benefits Updated: 22 November 2021; Ref: scu.516834
Care Allowance – European Union law – Council regulations 1408/71/EEC and (EC) 883/2004 [2013] UKUT 200 (AAC) Bailii Benefits Updated: 19 November 2021; Ref: scu.514367
The claimant challenged as incompatible with EU law, the Regulations which restricted the entitlement to state pension credit to those entitled to reside in the UK. Held: The appeal failed (Majority). The conditions imposed by the Regulations were indirectly discriminatory. There was not an exact correspondence between the advantaged and disadvantaged groups and the protected … Continue reading Patmalniece v Secretary of State for Work and Pensions: SC 16 Mar 2011
NATIONAL INSURANCE – Class 3 Contributions – Non employed person – Entitlement to pay contributions in respect of period of employment in Kenya – NI (RandPA) regs 1948 r.5 – Council Regulations (EEC) No 1408/71 and (EC) No 883/2004 – held appeal . .
European Union Law : Council Regulations 1408/71/Eec and (Ec) 883/2004 . .
References: [2012] UKUT 471 (TCC) Links: Bailii NATIONAL INSURANCE – Class 3 Contributions – Non employed person – Entitlement to pay contributions in respect of period of employment in Kenya – NI (R&PA) regs 1948 r.5 – Council Regulations (EEC) No 1408/71 and (EC) No 883/2004 – held appeal dismissed Statutes: Council Regulation (EEC) No … Continue reading Garland v HM Revenue and Customs; UTTC 13 Mar 2013