The Social Security (Disability Living Allowance, Attendance Allowance and Carer’s Allowance) (Miscellaneous Amendments) Regulations 2011
Regulations 2 to 4 of these Regulations amend three sets of regulations as a result of a judgment in 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 it was unlawful for the Department for Work and Pensions to terminate an award of attendance allowance, carer’s allowance or the care component of disability living allowance when a person moves from Great Britain to elsewhere in the European Economic Area or to Switzerland. These Regulations ensure that persons whose award of one of these benefits was terminated upon such a move or a proposed move, may be re-awarded benefit from the date of the ECJ judgment.