Wednesday 22 – Thursday 23 February 2023
By Appellants Notice filed on 20 July 2020 Ms Harrington (A) appeals the decision of the Upper Tribunal (Administrative Appeals Chamber dated 18 February 2020, setting aside the decision of the First tier Tribunal dated 19 December 2016 and remaking the decision finding that A was not entitled to the care component of Disability Living Allowance (DLA) on her claim made on 30 October 2013.
On 19 May 2015 the Respondent removed A’s entitlement to DLA on the basis that the UK was not the competent State to pay that benefit for the purposes of Chapter 1 of Title II of Regulation (EC) 883/2004.
Issue : Interpretation and application of the provision for the coordination of social security benefits across Member States (including the UK) made by Regulation (EC) 883/2004 (see Articles 11 and 21). Common ground that the appeal raises a fundamental issue regarding the interpretation of the conflict rule in Article 11.
What priority is to be given to a child’s derived right to benefit under the Regulation in a case where that child has a right to benefit derived from each parent but on a different basis for each. In particular where 1 parent resides in the UK and cares for the child but another parent lives and works in another Member State (Belgium in this case).
Which State is responsible for payment of the benefit? UT found it was the other Member State.