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Neutral Citation Number:	2009 UKUT 286 AAC
Reported Number:
File Number:	CDLA 2002 2006
Appellant:	Bartlett, Ramos and Taylor
Respondent:	Secretary of State for Work and Pensions
Judge/Commissioner:	Judge J. Mesher
Date Of Decision:	05/05/2011
Date Added:	15/01/2010
Main Category:	DLA, MA: mobility
Main Subcategory:	other
Secondary Category:	European Union law
Secondary Subcategory:	Council regulations 1408/71/EEC and (EC) 883/2004
Notes:	Reported as [2012] AACR 34. Residence and presence conditions – exportability of disability living allowance to EU European Union Law – Regulation (EC) 1408/71 – whether disability living allowance mobility component is a special non-contributory benefit which is not exportable The claimants’ awards of disability living allowance (DLA) were withdrawn as it was decided they no longer satisfied the residence and presence conditions after they had moved elsewhere in the European Union to live. Their appeals to the appeal tribunal were dismissed and the claimants appealed to the Social Security Commissioner. He initially deferred his decision pending the outcome of Case C-299/05 Commission of the European Communities v European Parliament and Council of the European Union [2007] ECR I-8695. On 2 July 2009 the Commissioner decided the claimants were entitled to the care component of DLA as it was to be treated as a sickness benefit. However, in relation to the mobility component he referred to the European Court of Justice for a preliminary ruling various questions as to the exportability of the mobility component under Council Regulation (EC) No 1408/71 and, if not exportable, whether there was any other law or principle of European Community law relevant to the question of whether the United Kingdom was entitled to rely on the residence and presence conditions. Held, that: 1. it follows from the decision in Case C-299/05 Commission v Parliament and Council that the mobility component of DLA is severable and accordingly the mobility component can also constitute a benefit within the meaning of Article 1(t) of Regulation No 1408/71 both before and after its amendment from 5 May 2005. The amount of the mobility component is determined by the costs connected with the mobility problems suffered by the claimant in the Member State concerned and benefit is awarded to persons who cannot work because of their disability in the overwhelming majority of cases. Accordingly the mobility component of DLA constitutes a special non-contributory cash benefit within the meaning of Article 4(2a) of Regulation No 1408/71 both before and after its amendment (paragraphs 26 to 33); 2. it is permissible to adopt provisions derogating from the principle of the exportability of social security benefits including the mobility component of DLA. Accordingly there is nothing capable of affecting the validity of Article 10a of Regulation No 1408/71 inasmuch as it allows the award of the mobility component of DLA to be made subject to conditions as to residence and presence in Great Britain (paragraphs 34 to 42).
Decision(s) to Download:	cdla 496 2006z.doc [2012] AACR 34ws.doc