CDLA/735/2009 – Exporting DLA – when does the UK cease to be the competent state? | CPAG

CDLA/735/2009 – Exporting DLA – when does the UK cease to be the competent state?

Date: 
17 October 2012

CDLA/735/2009

The claimant in this case moved to Spain from the UK on 5 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 8 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 2 April 2012 and the decision in our favour was published on 19 July 2012.

Counsel for the claimant in this case was Richard Drabble QC.