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The Impact Of Recent Cjeu Rulings On The Presence And Residence Rules For United Kingdom Disability Benefits, Mel Cousins
The Impact Of Recent Cjeu Rulings On The Presence And Residence Rules For United Kingdom Disability Benefits, Mel Cousins
Mel Cousins
This article examines a number of recent decisions of the Court of Justice of the European Union (“CJEU”) and their impact on the presence and residence rules for disability benefits, in particular the disability living allowance (“DLA”). It considers the approach which the courts may take to the export of disability benefits in the light of these recent decisions.
Patmalniece V. Secretary Of State For Work And Pensions, Mel Cousins
Patmalniece V. Secretary Of State For Work And Pensions, Mel Cousins
Mel Cousins
In Patmalniece the Court of Appeal has considered the compatibility of the UK right to reside requirement with Regulation 1408/71/EEC on co-ordination of social security for migrants. The Court earlier upheld the compatibility of the right to reside rule with the EU Treaty in Abdirahman. However, this case was different in that the claimant – unlike those in the previous cases - was within the personal scope of Regulation 1408/71.
Citizenship, Residence And Social Security, Mel Cousins
Citizenship, Residence And Social Security, Mel Cousins
Mel Cousins
In two recent cases the Court of Justice has considered the impact of Union citizenship on the long-standing issue of the exportability of social security payments. These decisions clarify (i) the position of the Court in relation to the material scope of the protection provided by Article 18 EC, i.e. that the exercise of free movement is itself sufficient to bring an issue within the scope of the Treaty regardless of whether the issue actually in dispute involves a question of Community law and (ii) that the Court will examine residence requirements as a restriction on the freedoms conferred by …