British citizens in receipt of full disability benefits who choose to live abroad have lost the right to take their benefit with them despite taking a legal case to the European Court of Justice.
Under EU’s rules on social security disability benefits cannot be stopped simply because the recipient relocates to another EU member nation. However, “special non-contributory” benefits might be tied up with residence and withheld should the recipient migrate.Originally the British government stated that the entire disability living allowance, composed as it is, of care and mobility elements was a special non-contributory benefit and hence not transportable. In 2007 the European Court decided that the care element, carer’s allowance and attendance allowance counted as invalidity benefits and therefore should be paid to disabled Britons wherever they go in the EU.
The judges did rule, however, ruled that the mobility part was not transportable. The case which challenged the distinction had been brought by three disabled people who are now domiciled outside of the UK. The three, Ralph Bartlett, Natalio Ramos and Jason Taylor had their entire disability allowance when they left Great Britain yet it was partially reinstated under the 2007 EU ruling.
The verdict found that the EU rules “allow the award of the mobility element of Disability Living Allowance to be made subject to conditions as to residence and presence in Great Britain.”
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