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Mobility component of DLA is not exportable

In a judgment issued on 5 May 11, the Court of Justice of the EU (CJEU) decided that the mobility component of Disability Living Allowance is not exportable within the European Union. This decision will disappoint many UK nationals who had been entitled to DLA mobility before moving within the EU, for example to Spain or to the Republic of Ireland.

The case is Ralph James Bartlett, Natalio Gonzalez Ramos, Jason Michael Taylor v Secretary of State for Work and Pensions. Each of the three appellants had appealed decisions to end their entitlement to DLA when they moved to other EU states. After losing at tribunal level, they appealed to the Upper Tribunal. Judge Mesher made interim decisions that they were entitled to the care component of DLA in light of the decision in EU Commission v European Parliament and Council of the EU, Case C-299/05. However, he referred the issue of whether the mobility component was also exportable to the CJEU.
The CJEU found that the mobility component was correctly listed as a special benefit within EU legislation and that the UK was entitled to pay it only to those who reside in the UK.
Note: The UK plans to restrict payment of the Daily Living Component of Personal Independence Payment which will replace DLA care component in 2013/2014 to people who reside within the UK and have a right to reside.
The full judgment in Ralph James Bartlett, Natalio Gonzalez Ramos, Jason Michael Taylor v Secretary of State for Work and Pensions is available from curia.europa.eu.

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