Judgment — ECLI:EU:C:2011:278
Date: 2011-05-05
Language of the case: English
Court formation: Fourth Chamber
Subject matter: Social security for migrant workers
Procedure: Reference for a preliminary ruling
Origin: United Kingdom

Summary of the Judgment 1. Social security for migrant workers – Special non-contributory benefits – Definition (Council Regulation No 1408/71, Art. 4(2)a, and Annex IIa) 2. Social security for migrant workers – Special non-contributory benefits – Definition (Art. 48 TFEU; Council Regulation No 1408/71, Art. 10a) 1. Article 4(2a) of Regulation 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, as amended and updated by Regulation No 118/97, as amended by Regulation No 631/2004, and of Regulation No 1408/71, as amended by Regulation No 647/2005, must be interpreted as meaning that the ‘mobility’ component of Disability Living Allowance constitutes a special non-contributory cash benefit within the meaning of that provision, referred to in Annex IIa to those regulations. (see para. 33, operative part 1) 2. Consideration of Article 10a of Regulation No 1408/71, as amended and updated by Regulation No 118/97, as amended by Regulation No 631/2004, and of Regulation No 1408/71, as amended by Regulation No 647/2005, has disclosed nothing capable, having regard to the rules on the free movement of persons, of affecting the validity of that provision, inasmuch as that article allows the award of the mobility component of Disability Living Allowance to be made subject to conditions as to residence and presence in the Member State concerned. The provisions of Regulation No 1408/71 on the waiver of residence clauses constitute measures to give effect to Article 48 TFEU taken in order to establish, in the field of social security, the freedom of movement for workers guaranteed by Article 45 TFEU. As regards the special non-contributory benefits mentioned in Annex IIa to Regulation No 1408/71, it is permissible for the European Union legislature to adopt, in giving effect to Article 48 TFEU, provisions derogating from the principle of the exportability of social security benefits. In particular, the grant of benefits closely linked with the social environment may legitimately be made subject to a condition of residence in the State of the competent institution. (see paras 38, 40, 42, operative part 2)