CDLA/735/2009 – Exporting DLA – when does the UK cease to be the competent state?
The claimant in this case moved to Spain from the UK on 5th November 2002. She was in receipt of the lower rate of the care component of DLA. She had paid enough national insurance contributions to be entitled to a state retirement pension once she passed retirement age. She never worked or claimed benefits in Spain. Her DLA was terminated on 8th January 2007.
The issues in this case are whether:
1. The claimant is entitled to export DLA under Article 19 Regulation 1408/71
2. When the UK ceases to be the competent state for payment of exportable benefits.
The case was heard by a tribunal of judges in the Upper Tribunal on 2nd April 2012 and the decision in our favour was published on 19th July 2012.
Counsel for the claimant in this case is Richard Drabble QC.