# C_2017104EN.01001701.xml

| 3.4.2017 | EN | Official Journal of the European Union | C 104/17 |
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3.4.2017

EN

Official Journal of the European Union

C 104/17

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Judgment of the Court (First Chamber) of 1 February 2017 (request for a preliminary ruling from the Supreme Court of the United Kingdom — United Kingdom) — Secretary of State for Work and Pensions v Tolley

(Case C-430/15) (1)

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((Reference for a preliminary ruling - Social security - Regulation (EEC) No 1408/71 - Care component of disability living allowance - Person insured against the risk of old age who has definitively ceased all occupational activity - Concepts of ‘sickness benefit’ and ‘invalidity benefit’ - Exportability))

(2017/C 104/25)

Language of the case: English

Referring court

Referring court

Supreme Court of the United Kingdom

Parties to the main proceedings

Parties to the main proceedings

Applicant: Secretary of State for Work and Pensions

Applicant:

Defendant: Tolley

Defendant:

Operative part of the judgment

Operative part of the judgment

| 1. | A benefit such as the care component of disability living allowance is a sickness benefit for the purposes of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, in the version amended and updated by Council Regulation (EC) No 118/97 of 2 December 1996, as amended by Council Regulation (EC) No 307/1999 of 8 February 1999. |
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1.

A benefit such as the care component of disability living allowance is a sickness benefit for the purposes of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, in the version amended and updated by Council Regulation (EC) No 118/97 of 2 December 1996, as amended by Council Regulation (EC) No 307/1999 of 8 February 1999.

| 2. | Article 13(2)(f) of Regulation No 1408/71, in the version amended and updated by Regulation No 118/97, as amended by Regulation No 307/1999, must be interpreted as meaning that the fact that a person has acquired rights to an old-age pension by virtue of the contributions paid during a given period to the social security scheme of a Member State does not preclude the legislation of that Member State from subsequently ceasing to be applicable to that person. It is for the national court to determine, in the light of the circumstances of the case before it and of the provisions of the applicable national law, when that legislation ceased to be applicable to that person. |
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2.

Article 13(2)(f) of Regulation No 1408/71, in the version amended and updated by Regulation No 118/97, as amended by Regulation No 307/1999, must be interpreted as meaning that the fact that a person has acquired rights to an old-age pension by virtue of the contributions paid during a given period to the social security scheme of a Member State does not preclude the legislation of that Member State from subsequently ceasing to be applicable to that person. It is for the national court to determine, in the light of the circumstances of the case before it and of the provisions of the applicable national law, when that legislation ceased to be applicable to that person.

| 3. | Article 22(1)(b) of Regulation No 1408/71, in the version amended and updated by Regulation No 118/97, as amended by Regulation No 307/1999, must be interpreted as preventing legislation of the competent State from making entitlement to an allowance such as that at issue in the main proceedings subject to a condition as to residence and presence on the territory of that Member State.
  Article 22(1)(b) and Article 22(2) of Regulation No 1408/71, in the version amended and updated by Regulation No 118/97, as amended by Regulation No 307/1999, must be interpreted as meaning that a person in a situation such as that at issue in the main proceedings retains the right to receive the benefits referred to in Article 22(1)(b) after transferring his residence to a Member State other than the competent State, provided that he has obtained authorisation for that purpose. |
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3.

Article 22(1)(b) of Regulation No 1408/71, in the version amended and updated by Regulation No 118/97, as amended by Regulation No 307/1999, must be interpreted as preventing legislation of the competent State from making entitlement to an allowance such as that at issue in the main proceedings subject to a condition as to residence and presence on the territory of that Member State.

Article 22(1)(b) and Article 22(2) of Regulation No 1408/71, in the version amended and updated by Regulation No 118/97, as amended by Regulation No 307/1999, must be interpreted as meaning that a person in a situation such as that at issue in the main proceedings retains the right to receive the benefits referred to in Article 22(1)(b) after transferring his residence to a Member State other than the competent State, provided that he has obtained authorisation for that purpose.

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(1)  OJ C 320, 28.9.2015.

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