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Exportable Disability Benefits and ECJ ruling

Comment 14th July 2010

In October of 2007, the European Court of Justice determined that aspects of Disability Living Allowance, Attendance Allowance and Carers allowance were sickness benefits rather than “special non-contributory benefits” and that, therefore, they were exportable and payable to United Kingdom claimants living in other EU states and Switzerland.

People who had little to live on are still waiting for first tier tribunal hearings which have not yet been held. Some people have sadly passed away and many people are still waiting for the UK's decision on payment. It is nearly three years since the ruling was made.

Why does this matter?

I think that instead of making all disabled people attend hearings since the DWP suggest that all cases are different, that the DWP return the entitlement lost by individuals and also award entitlement to others who claimed immediately after the ECJ ruling.

To make all disabled individuals have apppeals will cost a small fortune when the UK has clearly already lost this case.

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