Search Results for: Council Regulation (EC) No 1408/71

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Commission v Parliament and Council (Free Movement of Persons): ECJ 3 May 2007

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

Commission of The European Communities v European Parliament and Council Of The European Union: ECJ 7 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

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

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

Secretary of State for Work and Pensions v LT (DLA): UTAA 19 Jul 2012

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

Stewart v Secretary of State for Work and Pensions: ECJ 17 Mar 2011

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

da Silva Martins v Bank Betriebskrankenkasse-Pflegekasse (Free Movement Of Persons): ECJ 13 Jan 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

Revenue and Customs v Ruas: CA 23 Mar 2010

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

Dodl and Oberhollenzer (Social Security For Migrant Workers): ECJ 7 Jun 2005

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

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 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

Bestuur van Het Algemeen Ziekenfonds Drenthe-Platteland v G Pierik: ECJ 16 Mar 1978

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

Jauch v Pensionsversicherungsanstalt der Arbeiter: ECJ 8 Mar 2001

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

Kuusijarvi v Riksforsakringsverket: ECJ 11 Jun 1998

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

Molenaar v Allgemeine Ortskrankenkasse Baden-Wurttemberg: ECJ 5 Mar 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

Martinez Sala v Freistaat Bayern: ECJ 12 May 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

Secretary of State for Work and Pensions v Tolley: SC 29 Jul 2015

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

Tolley (Deceased) v The Secretary of State for Work and Pensions: CA 23 Oct 2013

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

Patmalniece v Secretary of State for Work and Pensions: SC 16 Mar 2011

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

Patmalniece v Secretary of State for Work and Pensions: CA 25 Jun 2009

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

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 – 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

Garland v HM Revenue and Customs; UTTC 13 Mar 2013

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