ECJ Social security for migrant workers – invalidity insurance – benefits – right – acquisition – receipt of sickness benefit as a condition imposed by the legislation of a member state – insurance periods completed – aggregation – claim for benefit – submission – rules (Regulation No 1408/71 of the council, article 45) Article 45 … Continue reading Regina v A National Insurance Commissioner, Ex Parte Warry: ECJ 9 Nov 1977

The claimant pensioner had moved to France. He sought to claim a retrospective winter fuel allowance claim. The government had eventually agreed to make payments to UK residents abroad. Held: The claimant was deemed to have had knowledge of the change in regulations and could not make a retrospective claim: ‘the orthodox position is that … Continue reading Walker-Fox v Secretary of State for Work and Pensions: CA 29 Nov 2005

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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Europa Social security for migrant workers – Community rules – Scope ratione materiae – Benefits covered and benefits excluded – Criteria for distinguishing – Benefit intended to meet the claimant’ s family expenses and granted on the basis of objective, legally-defined criteria – Included – Non-contributory benefit – No effect (Council Regulation No 1408/71, Art. … Continue reading Hughes v Chief Adjudication Officer (Judgment): ECJ 16 Jul 1992

ECJ Social security for migrant workers – Family allowances – Benefits for orphans – Benefits payable by State of residence – Amount of benefits paid in State of residence less than that payable under the legislation of another Member State – Right to benefit supplement – Calculation – Benefits to be taken into accountArticle 78 … Continue reading Doriguzzi-Zordanin v Landesversicherungsanstalt Schwaben: ECJ 19 Mar 1992

ECJ 1 Social security for migrant workers – old-age pension – calculation of benefits – community anti-overlapping rule – application where the theoretical amount is exceeded otherwise than by reason of the duplication of insurance periods (council regulation no 1408/71, art. 46 (3)) 2 social security for migrant workers – old-age pension – calculation of … Continue reading Collini v Office National des Pensions pour Travailleurs Salaries: ECJ 17 Dec 1987

European Union law Council regulation 1408/71/EECAttendance allowance. Citations: [2013] UKUT 66 (AAC) Links: Bailii Statutes: Council Regulation 1408/71/EEC Benefits, European Updated: 14 November 2022; Ref: scu.471789

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

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

European Union law – Council regulation 1408/71/EEC Citations: [2010] UKUT 108 (AAC) Links: Bailii Jurisdiction: England and Wales Benefits, European Updated: 12 July 2022; Ref: scu.423168

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 Social security for migrant workers – old-age and survivors’ insurance – benefits – adjustment – recalculation – scope of the system (Regulation no 1408/71 of the council, art. 51) Article 51 of regulation no 1408/71 must be interpreted as applying to benefits such as those in respect of accidents at work or occupational disease … Continue reading Salvatore Cinciuolo v Union Nationale Des Federations Mutualistes Neutres And Institut National D’Assurance Maladie-Invalidite: ECJ 1 Mar 1984

ECJ (Judgment) 1. In the absence of any express provision on its entry into force, Decision No 3/80 of the EEC-Turkey Association Council on the application of the social security schemes of the Member States to Turkish workers and members of their families entered into force on the date on which it was adopted and … Continue reading Taflan-Met and others (Rec 1996,p I-4085): ECJ 10 Sep 1996

ECJ 1. Social security for migrant workers – worker – concept – definition vis-a-vis legislation – effect – purpose(regulation no 1408/71 of the council, annex I, part I, paragraph 1) 2. Social security for migrant workers – worker – concept – person no longer paying contributions but entitled to benefits by virtue of contributions paid … Continue reading Walsh v National Insurance Officer: ECJ 22 May 1980

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

Europa Social security for migrant workers – invalidity insurance – calculation of benefits – application by analogy with provisions on insurance for old age and death – calculation of the theoretical and actual amount – supplementary period (‘zurechnungszeit’) – inclusion in the calculation of the theoretical amount – exclusion in the calculation of the actual … Continue reading Alastair Menzies v Bundesversicherungsanstalt fur Angestellte: ECJ 26 Jun 1980

Pension credit – overseas claimant Citations: [2010] UKUT 95 (AAC) Links: Bailii Statutes: Council regulation 1408/71/EEC Jurisdiction: England and Wales Benefits, European Updated: 25 March 2022; Ref: scu.410621

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

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

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

Child Benefit – European Union law – Council regulation 1408/71/EEC . .