Court of Appeal rules on UK non-contributory sickness benefit if claimant is resident in another EU member state


Re: Konevod v Secretary of State for Work and Pensions [2020] EWCA Civ 809

This appeal concerns the application of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (“Regulation 883/2004”) to a claim for a UK non-contributory sickness benefit in circumstances where the claimant had formerly lived and worked in the United Kingdom but was resident in another EU Member State at the time when the claim was made.

Held: This appeal was dismissed:

(1) the UT was right to hold that the United Kingdom is not the competent Member State under Article 21;

(2) the UT was right to reject the argument that the close link between carer’s allowance and attendance allowance. They remain separate benefits with different conditions of entitlement and have to be claimed by, and are payable to, different people.

Eleanor Mitchell was involved in this case.

Please find judgment here.