§ Mr. BurstowTo ask the Secretary of State for Work and Pensions what his policy is on the payment of disability living allowance to UK citizens who emigrate(a) within the EU and (b) outside the EU. [121619]
§ Maria EagleIt has always been Government policy that social security benefits like disability living allowance, which are funded by the taxpayer and do not depend on contributions, should be available only to people who are resident in the United Kingdom. The situation differs depending upon whether Community law applies.
Disability living allowance was listed in the EEC Regulation 1408/71 as a non-exportable, 'special noncontributory' benefit from 1 June 1992, so that new awards could not be payable to someone living 522W permanently in another Member State. The regulation also applies to non-EU states which are within the European Economic Area (EEA) and to Switzerland.
However, those in receipt of benefit before 1 June 1992 can continue to receive their benefit if they are living permanently in another Member State, providing they were covered by EEC Regulation 1408/71 prior to 1 June 1992. This applies not only to those who had worker status, but also to those who are members of the family of a worker who is an EEA national and thereby come within the personal scope of the regulation.
For people who emigrate to countries outside the application of EEC Regulation 1408/71, there are no circumstances in which disability living allowance can continue in payment.