WRITTEN QUESTION No. 3671/97 by Patricia McKENNA to the Commission. Social welfare rights for people with disabilities moving to another state within the EU
Date: 1997-11-19
Institutions: European Parliament, MCKENNA
Subjects: Community migration, EU national, disability insurance, equal treatment, physically disabled person, social assistance, social security, social-security benefit

C 174/96

EN

Official Journal of the European Communities

8. 6. 98

Answer given by Mr Oreja on behalf of the Commission

(6 January 1998)

The  Commission  would  refer  the  Honourable  Member  to  its  answer  to  Written  Question  E-3449/97  by
Mr De Vries (1).

(1)  See page 60.

(98/C 174/149)

WRITTEN QUESTION E-3671/97

by Patricia McKenna (V) to the Commission

(19 November 1997)

Subject: Social welfare rights for people with disabilities moving to another state within the EU

At the moment people with disabilities who are in receipt of a disability allowance in their native country are not
entitled to receive the same payments if they move to another EU state.

This would appear to breach the EU(cid:146)s commitment to non-discrimination.

Has the Commission any proposals to end this discrimination?

Answer given by Mr Flynn on behalf of the Commission

(8 January 1998)

Disability  allowance  is  a  special  non-contributory  benefit  within  the  meaning  of  Article  4.2.a)  of  Council
Regulation (EEC) No 1408/71 amended and updated by Council Regulation (EC) No 118/97 of 2 December 1996
on the application of social security schemes to employed persons, to self-employed persons and to members of
their families moving within the Community and Regulation (EEC) No 574/72 laying down the procedure for
implementing  Regulation  (EEC)  No  1408/71 (1).  These  special  non-contributory  benefits,  which  have  the
characteristics of both social security and social assistance, are listed in Annex IIa. Article 10a of Regulation
(EEC) No 1408/71 stipulates that such benefits shall be granted exclusively in the territory of the Member State
in which the claimant resides. In other words, special non-contributory benefits cannot be (cid:145)exported(cid:146) to another
Member State.

It has to be noted, however, that a person who moves to another Member State and resides there is entitled to the
special non-contributory benefits provided under the legislation of that Member State under the same conditions
as the nationals of that Member State. There is, therefore, no discrimination on the grounds of nationality, and
this situation is not contrary to the principle of equality of treatment (Article 3 of Regulation (EEC) No 1408/71).

The  question  of  the  interpretation  and  of  the  validity  of  these  specific  rules  of  coordination  for  special
non-contributory  benefits,  introduced  in  1992,  was  raised  before  the  Court  of  justice  in  the  case  of  Snares
((C-20/96), concerning the award of disability living allowance provided for under British legislation. Having
examined the provisions in dispute in the case, the Court decided in its judgment of 4 November 1997 that they
are compatible with Article 51 of the EC Treaty.

(1)  OJ L 28, 30.1.1997.