Skip to content Accesskeys Newsroom

Claiming disability benefits if you live in another European country

Some disability benefits may be paid to people who have left the UK to live in the European Economic Area (EEA) or Switzerland. Find out which benefits are affected, who can get them and what to do next.

Affected benefits

The European Court of Justice decided in October 2007 that certain disability and carers benefits are sickness benefits and may be paid to people who leave Northern Ireland to live elsewhere in the European Economic Area (EEA) or Switzerland.

The decision affects:

The mobility component of Disability Living Allowance has not been affected by this judgement.

Who can get the benefits

Who can get the benefits

There are four main groups of people who may get these benefits if they live in another EEA state or Switzerland. The EEA consists of the 27 member states of the European Union plus Iceland, Liechtenstein and Norway.

You may get these benefits if:

  • you work in the UK or pay National Insurance in the UK because of your work, but live in another EEA state or Switzerland and thus are a frontier or posted worker, or you are a family member (spouse, civil partner or someone dependent on a parent) of someone who does this
  • you have paid enough National Insurance Contributions to be able to claim a UK contribution-based sickness benefit, or you are a family member (spouse, civil partner or someone dependent on a parent) of someone who has these benefits
  • you are in receipt of State Pension, Industrial Injuries Benefit, Incapacity Benefit, contribution-based Employment and Support Allowance or Bereavement Benefits from the UK, or you are a family member (spouse, civil partner or someone dependent on a parent) of someone who has these benefits

The Department for Social Development can check your National Insurance records for you.

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

You must spend at least 26 of the last 52 weeks in the UK when your entitlement to benefit can be established, unless you're:

  • a posted or frontier worker
  • a family member of a worker in the UK, including posted or frontier workers
  • claiming Disability Living Allowance (care component) or Attendance Allowance under the special rules for terminally ill people

If any of these exceptions apply to you, please contact Disability and Carers Service for further advice.

Other things to be aware of

Getting disability benefit from the UK may be affected if you:

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

If you're entitled as a family member, whether you can get the disability benefit may also be affected if your spouse, civil partner or parent:

  • can get a sickness benefit
  • works or has 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

How long the benefits will be paid for

Once you begin to receive the benefit, how long you will continue to be paid depends on your circumstances. If your needs or your circumstances change, this may affect how long your benefit is paid.

If you receive 'relevant benefits' from the UK, your disability benefit will be paid as long as you receive one of those benefits. Or the duration of your current disability benefit award if this 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.

If you are claiming as a family member of:

  • someone who is working in the UK, 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
  • someone who has paid enough National Insurance Contributions for them to be able to claim a contributions-based sickness benefit, your benefit will be paid for as long as that person remains insured from their contributions, or the duration of your award if shorter
  • someone who is in receipt of short-term Incapacity Benefit or the assessment phase rate of contributions-based Employment and Support Allowance, your benefit will be paid for as long as that person remains in receipt of that benefit, or the duration of your award if shorter

Your continuing to get your disability benefit from the UK may be affected if you:

  • become entitled to a sickness benefit from another EEA state or Switzerland
  • start work in another EEA state or Switzerland

What to do next

If you live in another EEA state or Switzerland and want to make a claim, you need to contact  Disability and Carers Service.

When you contact Disability and Carers Service, tell them:

  • your National Insurance number
  • whether you are working or have worked in another EEA state or Switzerland
  • whether you already get or will be able to get any other benefits from another state

If you are live in another EEA state or Switzerland and think you might be entitled as a family member, also tell them:

  • what your relationship to that family member is
  • their National Insurance number
  • whether they are working or have worked in another EEA state or Switzerland whether they already get or will be able to get any other benefits from another state

If you think you may be affected by the Court’s decision and are unsure about what to do, or if you need any further information, you should contact Disability and Carers Service.

If you apply and do not satisfy the relevant conditions, your application will be disallowed. You will be able to ask for a reconsideration and appeal against that decision within certain deadlines.

More useful links

See also...