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 and thus depriving a claimant who has gone to live in another Member State of that benefit.
Held: the principled solution to a case such as this would be to treat the care component of DLA as an invalidity benefit for the purpose of the Regulation, and thus freely exportable under article 10, leaving the detailed provisions of Chapter 1 of Title III to deal with sickness benefits stricto sensu. However, the case was referred on to the ECJ.
Lady Hale, Deputy President, Lord Clarke, Lord Reed, Lord Toulson, Lord Hodge
[2015] UKSC 55, [2016] 1 All ER 40, [2016] 1 CMLR 23, UKSC 2013/0252
Bailii, SC, SC Summary, Bailii Summary
Council Regulation (EC) No 1408/71, Social Security Contributions and Benefits Act 1992 71(6), Social Security (Disability Living Allowance) Regulations 1991 2(1)
England and Wales
Citing:
Cited – 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 . .
Cited – 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. . .
At UTAA – 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, . .
Appeal from – 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. . .
Cited – 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 . .
Cited – 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 . .
Cited – 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 . .
Cited – 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 . .
Cited – 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 . .
Cited – 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 . .
Cited – Bestuur van Het Algemeen Ziekenfonds Drenthe-Platteland v G Pierik ECJ 16-Mar-1978
Medical treatment. . .
Cited – 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 . .
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
European, Benefits
Updated: 03 January 2022; Ref: scu.550795
