On 18 October 2007 the European Court of Justice ruled that the following benefits should be paid to people who move from the UK to another country within the European Economic Area (EEA). The benefits are:
The ruling means that AA, DLA (care) and CA are classed as sickness benefits from 5 May 2005 and can be exported if you move to live in another EEA member state or claimed from abroad if you were formerly living in GB and satisfy certain conditions.
The Department for Work and Pensions (DWP) has been in discussion with the European Commission on the eligibility of people already living in another EEA state who wish to claim from abroad. The results of these discussions are covered in this factsheet but further details will be added when they are known.
Switzerland is not in the EEA, but has an agreement with the EEA, whch means that you can also export AA, DLA (care) and CA to Switzerland.
If you move to live abroad in another EEA state or Switzerland on or after 18 October 2007 you can export AA, DLA (care) and CA if the circumstances in 1, 2 or 3 apply:
1. You are receiving from Great Britain any of the following:
2. You are insured in Great Britain for sickness benefits. This means that you must satisfy the contribution conditions for short-term incapacity benefit at the date you leave Great Britain.
3. You are a family member of someone who is insured in Great Britain for sickness benefits.
If you were already in receipt of AA or DLA (care) or CA and moved to live abroad in another EEA state or Switzerland on or after 5 May 2005 but before 18 October 2007 you can export your benefit if one of the following applies:
1. Your payment of AA, DLA (care), or CA has been suspended pending the issue of DWP guidance on the European Court of Justice ruling.
2. You have an appeal outstanding at appeal tribunal level against a decision disallowing AA, DLA (care), or CA.
The DWP is, at present not able to give information or guidance concerning:
Guidance on these will follow at a later date.
If you go abroad and your AA, DLA (care), or CA is exportable you no longer have to satisfy the residence and presence conditions for those benefits (for information on this see our factsheets on AA, DLA and CA).
You do however have to satisfy all the other rules for these benefits in order to continue to receive them.
The DWP has issued guidance (Memo DMG 14/08) available at www.dwp.gov.uk/publications/dwp/dmg/memletrs/m-14-08.pdf.
Further information is also available on the DirectGov website at www.direct.gov.uk.
You can also find out more about the European ruling at www.disabilityalliance.org/euro.htm.
You can obtain copies of our factsheets by contacting Disability Alliance on 020 7247 8776 (voice and minicom) or by fax on 020 7247 8765.
June 2008
