CDLA/2053/2011 – exporting disability living allowance - from what date claims should be revised or superseded

Last updated: June 6, 2012

This case concerns the date from which claims for disability living allowance (DLA) should be revised or superseded.

In C-299/05, following an amendment to Regulation 1408/71 made on 5/5/05, the ECJ decided that the care component of DLA is a sickness benefit. Its decision was given on 18th October 2007. On 8/3/01 in Jauch C-215/99 the ECJ decided that an Austrian care benefit with similar characteristics to DLA was a sickness benefit.

The claimant in this case moved to Spain on 14th July 2001 and by a decision on 3rd July 2001 his DLA was terminated. The DWP subsequently revised or superseded its decision and awarded the DLA care component from and including 22nd January 2008.

The issue in this case is whether the initial decision on the claim was made in error of law in light of the ECJ’s decision in Jauch case, or whether the decision in C-299/05 takes effect from any other date, such as the amendment of Regulation 1408/71 on 5/5/05, so as to give rise to a right to have benefit reinstated from that date.

We have received the decision from the Upper Tribunal.The claimant's appeal to the Upper Tribunal was disallowed.