91997E3671

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'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 ((OJ L 28, 30.1.1997. )). 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 'exported' 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.