Taking your benefits to Spain – Disability, attendance and carer’s allowances

The European Court of Justice decided in October 2007 that certain disability and carers benefits are in fact sickness benefits and may be paid to people who leave the UK to live in another EEA (European Economic Area) country.

The ECJ decision affects:

Disability Living Allowance
Attendance Allowance
Carer’s Allowance

Entitlement to these benefits

Your work is UK based
Or you pay UK National Insurance, but leave the UK to live abroad (EEA countries only*) i.e. frontier or posted workers
Or you are a family member** of someone entitled to receive the above benefits
You have made sufficient NI contributions and are eligible to receive UK contribution based sickness benefits
Or you are a family member** of someone entitled to receive the above benefits
You are in receipt of the following UK Benefits entitlements:

State pension
Industrial injuries benefit
Incapacity benefit
Contribution based Employment / Support Allowance
Bereavement

* Plus Switzerland
** Spouse, Civil Partner or someone dependent on a parent

How long will I continue to receive my disability benefits in Spain?

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