Snares (Free movement of persons) [1997] EUECJ C-20/96 (04 November 1997)

Snares (Free movement of persons) [1997] EUECJ C-20/96 (04 November 1997)

Disability Living Allowance (DLA), as listed in Annex IIa, is a special non-contributory benefit governed exclusively by Article 10a of Regulation No 1408/71 as amended by Regulation No 1247/92, and is subject to the residence condition in the Member State of residence; this system is valid under Articles 51 and 235 of the Treaty.

Citation
[1997] EUECJ C-20/96
Parties
Claimant: Mr Snares; Respondent: Adjudication Officer
Jurisdiction
European Union
Judgment Date
04 November 1997
Procedural Posture
Preliminary Ruling (reference for Interpretation and Validity) / Judgment on Preliminary Reference From Social Security Commissioner
Outcome
Preliminary ruling: DLA is a special non-contributory benefit governed by Article 10a; Regulation No 1247/92 is valid.
Legal Topics
Exportability of Social Security Benefits, Special Non Contributory Benefits, Residence Requirements, Validity of EU Regulations
European Union Law Social Security Law Exportability of Social Security Benefits Special Non Contributory Benefits Residence Requirements Validity of EU Regulations

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Parties

Mr Snares

Claimant

Adjudication Officer

Respondent

Procedural Posture

Preliminary Ruling (reference for Interpretation and Validity) / Judgment on Preliminary Reference From Social Security Commissioner

Legal Issues

  1. 1 Whether DLA is governed exclusively by Article 10a of Regulation No 1408/71 as amended by Regulation No 1247/92
  2. 2 Whether Regulation No 1247/92 is valid under Articles 51 and 235 of the EEC Treaty

Ratio Decidendi

Disability Living Allowance (DLA), as listed in Annex IIa, is a special non-contributory benefit governed exclusively by Article 10a of Regulation No 1408/71 as amended by Regulation No 1247/92, and is subject to the residence condition in the Member State of residence; this system is valid under Articles 51 and 235 of the Treaty.

Court Disposition

Preliminary ruling: DLA is a special non-contributory benefit governed by Article 10a; Regulation No 1247/92 is valid.

Orders

  • DLA is governed exclusively by Article 10a of Regulation No 1408/71 as amended.
  • Regulation No 1247/92 is valid and does not infringe Articles 51 or 235 of the Treaty.