The Social Security (Disability Living Allowance, Attendance Allowance and Carer’s Allowance) (Miscellaneous Amendments) Regulations (Northern Ireland) 2011
These Regulations amend certain social security legislation as a result of the judgment of the European Court of Justice (ECJ) in October 2007 in case C-299/05 Commission of the European Communities v European Parliament and Council of the European Union ([2007] ECR I-8695). This judgment determined that attendance allowance, carer’s allowance and the care component of disability living allowance are sickness benefits for the purposes of either Council Regulation (EC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (“the 1971 Regulation”) or Regulation (EC) No 883/2004 on the coordination of social security systems (“the 2004 Regulation”) and may be payable when a person moves from the United Kingdom to another European Economic Area (EEA) State or to Switzerland. These Regulations ensure that persons whose award of one of these benefits was terminated upon moving or proposing to move to one of those states, may be re-awarded benefit from the date of the ECJ judgment.