92002E3184

WRITTEN QUESTION P-3184/02

by Robert Evans (PSE) to the Commission

(31 October 2002)

Subject: Disability Living Allowance

In response to my previous question E-1347/02(1) Commissioner Diamantopoulou stated that the Commission was examining the continued exclusion of certain benefits (including the Disability Living Allowance) from Regulation (EEC) 1408/71(2).

Could the Commission inform me of any progress it has made in this matter or when it expects to conclude its investigation?

(1) OJ C 277 E, 14.11.2002, p. 191.

(2) OJ L 149, 5.7.1971, p. 2.

Answer given by Mrs Diamantopoulou on behalf of the Commission

(6 December 2002)

The Commission has held bilateral discussions with a number of Member States concerning the benefits they have listed in Annex IIa to Regulation (EEC) No 1408/71(1), which are exempt from the principle of exportation. In the case of the United Kingdom this includes Disability Living Allowance (DLA). These discussions have allowed the Commission to further its detailed understanding of the benefits in question.

The Commission is now considering a legislative proposal amending Regulation (EEC) 1408/71, in particular its Annex IIa. The aim of such a proposal would be to remove from Annex IIa benefits which do not meet the criteria of being special and non-contributory as defined by the European Court of Justice. The forecasts are that the Commission will consider this proposal by the Spring 2003, and, when adopted, it will then present it to the Council and Parliament.

(1) Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community, updated by Regulation (EC) No 118/97 of 2 December 1997 OJ L 28, 30.1.1997.