× Members

ESA in an EU country

More
12 years 9 months ago #58829 by Elaine2
ESA in an EU country was created by Elaine2
Has anyone heard of an update yet on receiving ESA in an EU country after 1 year? I understand from Gordons posts that ESA(c) will turn to ESA(IB) after 1 year in the UK and as IB cannot be claimed outside of the UK do you know if ESA(C) will carry on as a contribution based benefit if you live in an EU country. I have asked this question before, but there was no update so has anyone anything new?
Thanks

Please Log in or Create an account to join the conversation.

  • pete17971
12 years 9 months ago #58830 by pete17971
Replied by pete17971 on topic Re:ESA in an EU country
Elaine2 wrote:

Has anyone heard of an update yet on receiving ESA in an EU country after 1 year? I understand from Gordons posts that ESA(c) will turn to ESA(IB) after 1 year in the UK and as IB cannot be claimed outside of the UK do you know if ESA(C) will carry on as a contribution based benefit if you live in an EU country. I have asked this question before, but there was no update so has anyone anything new?
Thanks


Hi,

Until the draft legislation is published (and even then it depends if it goes through both houses of parliament unaltered) the situation is not clear.

Saying that though, personally I cannot see them continuing to pay Contributory ESA to WRAG claimants in the rest of EU after the proposed one year and denying this to those living in the UK. It could be open to challenge in the European Court as it would be treating those abroad differently to those in UK.

I know this already happens with such as DLA Mobility (the other way around) but that was excluded from the European Court of Justice ruling back in October 2007 whilst such as DLA care was included.

Pete

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.