Disability Benefits

Disability Benefits

December 15th, 2008

PQ. 15.12.08
Roger Gale (Thanet North) to ask the Secretary of State for Work and Pensions what the conclusions of his Department's consideration of the European Court of Justice's ruling on exportable disability benefits were: ad if he will make a statement.

Jonathan Shaw (Minister)
People who are already receiving disability benefits (Disability Living Allowance care component, Attendance Allowance or Carer's Allowance) when they leave the UK to live in another European Economic Area state or Switzerland can continue to receive benefits, subject to certain conditions. The rules are set out in the Directgov website at
http://www.direct.gov.uk/en/DisabledPeople/FinancialSupport/introductiontofinancialsupport/DG_073387 ***

We are still considering the implications of the European Court's decision for people who are UK citizens but who live in another European Economic Area state or Switzerland and who wish to claim a disability benefit. We will publish the criteria for awarding the benefits on the Directgov website as soon as the details have been finalised.

*** "You may continue to receive these benefits if:

You are in receipt of State Pension, long term Incapacity Benefit or Bereavement Benefits from the UK

You have paid enough national insurance contributions to be able to claim a UK contributions based sickness benefit like short-term incapacity benefit

You are a family member of someone who is entitled to claim a UK contributions based sickness benefit

….but other conditions apply; See the website

PQ 15.12.08
Roger Gale (Thanet North)
To ask the Secretary of State for Work and Pensions how many expatriate UK citizens have sought payment of exportable benefits following the ruling of the European Court of Justice on 18 October 2007.

Jonathan Shaw (Minister)
Since the date of the judgement we have received around 1700 requests for payment of the Disability Living Allowance (care component), Attendance Allowance and Carer's Allowance from people who previously lived in the United Kingdom and are now living in another European Economic Area state or Switzerland.

Next Questions!
Why has it taken a year to "consider the implications" of the European Court of Justice ruling and why has this not been implemented.

How many of the 1700 requests for payment have received positive responses?

Watch this space.

Happy Christmas - more answers (perhaps) in the New Year,