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Primary member
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Burstow, Paul
Type
House
Session
Year
Department
Member
Primary member
More
Burstow, Paul (1)
Answering member
Legislative stage
Legislation
Subject
Publisher
To ask the Secretary of State for Work and Pensions, what his policy is on the payment of disability living allowance to UK citizens who emigrate (a) within the EU and (b) outside the EU. - Inc ref to EEC Regulation 1408/71.
To ask the Secretary of State for Work and Pensions, what his policy is on the payment of disability living allowance to UK citizens who emigrate (a) within the EU and (b) outside the EU. - Inc ref to EEC Regulation 1408/71.
Asked by
Paul Burstow
(Liberal Democrat)
Answered by
Maria Eagle
(Labour)
Answering body
Department for Work and Pensions
Type
Written questions
Status
Answered
Tabled on
20 June 2003
For answer on
4 July 2003
Answered on
4 July 2003
Mr. Burstow: To ask the Secretary of State for Work and Pensions what his policy is on the payment of disability living allowance to
UK citizens who emigrate (a) within the EU and (b) outside the EU. [121619]
Maria Eagle: It has always been Government policy that social security benefits like disability living allowance, which are funded
by the taxpayer and do not depend on contributions, should be available only to people who are resident in the United Kingdom. The
situation differs depending upon whether Community law applies.
Disability living allowance was listed in the EEC Regulation 1408/71 as a non-exportable, `special non- contributory' benefit from 1
June 1992, so that new awards could not be payable to someone living permanently in another Member State. The regulation also
applies to non-EU states which are within the European Economic Area (EEA) and to Switzerland.
However, those in receipt of benefit before 1 June 1992 can continue to receive their benefit if they are living permanently in
another Member State, providing they were covered by EEC Regulation 1408/71 prior to 1 June 1992. This applies not only to those who
had worker status, but also to those who are members of the family of a worker who is an EEA national and thereby come within the
personal scope of the regulation.
For people who emigrate to countries outside the application of EEC Regulation 1408/71, there are no circumstances in which
disability living allowance can continue in payment.
Subjects
Disability living allowance; EU countries; EU law; Payments; Overseas residence; Emigration; Non-contributory benefits
Date
4 July 2003
Reference
121619; 408 c522W;408 c521-2W
House
House of Commons