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Wednesday, 3 October 2023

Payment of disability benefits in other European countries

Disability and carers benefits may be paid if you leave the UK to live in another EEA state or Switzerland. Find out if you can get UK disability benefits while living abroad.

Disability benefits which may be paid

The following benefits may be paid to you if you leave the UK to live in another European Economic Area (EEA) state or Switzerland:

  • Disability Living Allowance (care component only)
  • Attendance Allowance
  • Carer's Allowance

The mobility component of Disability Living Allowance cannot usually be paid to people living abroad.

Who can get disability benefits while abroad?

You may get these benefits while abroad if you or a family member:

  • work in the UK or pay National Insurance in the UK because of work, but live in another EEA state or Switzerland and are a frontier or posted worker
  • have paid enough National Insurance Contributions to be able to claim a UK contribution-based sickness benefit
  • are in receipt of a ‘relevant benefit’ from the UK

'Relevant benefits' include: State Pension, Industrial Injuries Benefit, Incapacity Benefit, contribution-based Employment and Support Allowance or Bereavement Benefits.

The Exportability Team can check your National Insurance records for you.

Conditions for entitlement

When you're living in another EEA state or Switzerland, you must still meet the usual entitlement conditions for the benefits you wish to claim. The only difference is that you no longer have to:

  • be normally resident in the UK
  • be in the UK

Usually you must have spent at least 26 of the last 52 weeks in the UK, unless:

  • you're a posted or frontier worker
  • you're a family member of a worker in the UK, including posted or frontier workers
  • you're claiming Disability Living Allowance (care component) or Attendance Allowance under the special rules for terminally ill people
  • you can demonstrate you have a genuine and sufficient link with Great Britain’s social security system – E.g. you’ve lived and worked in the UK for a significant period

You may not be able to take your benefit with you if cannot demonstrate a genuine and sufficient link with Great Britain’s social security system. More information about this is available on the DWP website. See the link 'Past presence test – effect of CJEU judgement'.

If you think any of these exceptions apply to you, please contact the Exportability Team for further advice.

Affects on your entitlement - things to be aware of

Your entitlement to UK disability benefits may be affected if you or a family member:

  • can get a sickness benefit from another EEA state or Switzerland
  • work or have worked in another EEA state or Switzerland

If you receive a pension or invalidity benefit from another EEA state or Switzerland, you may be entitled to a disability benefit from that country. This will be instead of getting your disability benefit from the UK.

You may not receive Carer's Allowance if you receive other benefits which are paid at a rate higher or the same as Carer's Allowance. This might include your State Pension and any benefits you may receive from other member states.

How long the benefits will be paid for

Examples of 'relevant benefits'

State Pension, Industrial Injuries Benefit, Incapacity Benefit, contribution-based Employment and Support Allowance or Bereavement Benefits

You’ll be paid as long as you receive a ‘relevant benefit’ or for the duration of your disability benefit award - whichever is shorter.

If you have paid enough National Insurance contributions you can claim a contributions-based sickness benefit. Your benefit will be paid for as long as you remain insured from these contributions, or the duration of your award if this is shorter.

When claiming as a family member

If you are claiming as a family member of someone who:

  • is working in the UK
  • has paid enough National Insurance Contributions for them to be able to claim a contributions-based sickness benefit
  • is in receipt of short-term Incapacity Benefit or the assessment phase rate of contributions-based Employment and Support Allowance

Then your benefit will be paid for:

  • as long as that person continues to work in the UK, or the duration of your award if shorter
  • as long as that person remains insured from their contributions, or the duration of your award if shorter
  • as long as that person remains in receipt of that benefit, or the duration of your award if shorter

What to do next

Contact the Exportability Team if:

  • if you are receiving a disability or carer benefit and plan to move to another EEA state or Switzerland
  • if you live in another EEA state or Switzerland and want to make a claim, you need to contact the exportability team

You’ll need to tell them your national insurance number and your family member’s national insurance number - if you’re entitled as a family member.

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