A recent European Court judgement has made it possible for some people in receipt of the care component of Disability Living Allowance(DLA), Attendance Allowance(AA) and Carers' Allowance(CA) to continue to receive these benefits even if they move to another European country.
The mobility componenet of Disability Living Allowance is still considered to be a "special non contributory benefit" and thus will not be paid to those recipients who move abroad.
The judgement applies to those wishing to move to-
Qualifying criteria
The Department of Work and Pension's guidance to its Decision Makers sets out the following criteria for those who wish to move abroad:
If the applicant does not meet the requirements with regard to National Insurance contributions then these may be met by their spouse or civil partner. In the case of children (who are either minors or dependent on their parent's care) then the contribution record of either parent will suffice.
Those who are entitled to long term incapacity benefit but don't receive it because of the overlapping benefit rules are still able to export DLA, AA or CA
Refusing or stopping payment
Payment of any of the three benefits will cease if:
If you start to receive a pension under GB law when your National Insurance cover ends then you will continue to be paid benefit.
The DWP guidance states that benefit will not be paid to someone who relies on a family member's contributions if that family member is in receipt of a GB state pension. If the family member's NI record is relied on then the same conditions apply as set out above.
Other cases requiring clarification.
The Department of Work and Pensions says that it is currently unable to give guidance with regard to the following:
The Department does intend to issue guidance in due course which addresses these issues.
