Expats lose disability payout fight
Britons fighting to keep full disability benefits despite moving abroad lost their legal claim in the European Court of Justice today.
The Luxembourg judges ruled that part of the Disability Living Allowance cannot be "exported" when recipients move to another EU country.
Under EU rules on social security, invalidity benefits cannot be stopped simply because the recipient is living in another member state - but "special non-contributory benefits" may be linked to residency and withheld.
Originally the UK Government declared the whole of the Disability Living Allowance - made up of "care" and "mobility" components - as a special non-contributory benefit and therefore not exportable.
Then in 2007 the European Court ruled that the "care" element, along with the "Carer's Allowance" and "Attendance Allowance", counted as a sickness benefit and was therefore payable to Britons elsewhere in the EU.
But the judges also ruled that the "mobility" part was not exportable.
Today's case challenging the distinction was brought by three recipients now living abroad and named in court documents as Ralph James Bartlett, Natalio Gonzalez Ramos, and Jason Michael Taylor.
Their entire Disability Living Allowance was stopped when they left the UK and partially reinstated under the 2007 EU ruling.
But today they learnt they would not be getting full reinstatement of payments.
The verdict said EU rules "allow the award of the mobility component of Disability Living Allowance to be made subject to conditions as to residence and presence in Great Britain".
In pictures: Saturn images from Cassini probe as it prepares to turn lens towards Earth
Serena Williams apologises after comment that rape victim 'shouldn't have put herself in that position'
FBI finds possible human remains at former home of late gangster James Burke - the man who inspired Goodfellas
'Theres something quite unpleasant going on': Nigel Farage confronted for second time on visit to Scotland
World news in pictures
- 1 Bankers could face jail after report urges the Government to introduce new criminal offence for reckless management
- 2 Breaking the Silence: In the reality of occupation, there are no Palestinian civilians – only potential terrorists
- 3 Richard Nieuwenhuizen death: Six teenagers and 50-year-old father convicted of manslaughter in shocking case of referee killed over a game of football
- 4 Exclusive: Newcastle's star talent-spotter on brink as Joe Kinnear sparks walkout
- 5 Vast methane 'plumes' seen in Arctic ocean as sea ice retreats
£500 - £600 per day: Orgtel: FX Options Front Office Java / C# Developer - Ba...
£600 - £700 per day: Orgtel: Project Manager - Front Office - Regulatory IT C...
£33000 - £35000 Per Annum: The Green Recruitment Company: The Green Recruitmen...
£21000 - £22000 per annum: Randstad Education Chelmsford: NQTs required now fo...