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Taking your benefits to Spain - Disability, attendance and carer's allowances

The European Court of Justice decided in October 2007 that certain disability and carers benefits are in fact sickness benefits and may be paid to people who leave the UK to live in another EEA (European Economic Area) country.

The ECJ decision affects:

  • Disability Living Allowance
  • Attendance Allowance
  • Carer's Allowance

Entitlement to these benefits

  • Your work is UK based
  • Or you pay UK National Insurance, but leave the UK to live abroad (EEA countries only*) i.e. frontier or posted workers
  • Or you are a family member** of someone entitled to receive the above benefits
  • You have made sufficient NI contributions and are eligible to receive UK contribution based sickness benefits
  • Or you are a family member** of someone entitled to receive the above benefits
  • You are in receipt of the following UK Benefits entitlements:

    • State pension
    • Industrial injuries benefit
    • Incapacity benefit
    • Contribution based Employment / Support Allowance
    • Bereavement

* Plus Switzerland
** Spouse, Civil Partner or someone dependent on a parent