Elaine2 wrote: Has anyone heard of an update yet on receiving ESA in an EU country after 1 year? I understand from Gordons posts that ESA(c) will turn to ESA(IB) after 1 year in the UK and as IB cannot be claimed outside of the UK do you know if ESA(C) will carry on as a contribution based benefit if you live in an EU country. I have asked this question before, but there was no update so has anyone anything new?
Thanks
Hi,
Until the draft legislation is published (and even then it depends if it goes through both houses of parliament unaltered) the situation is not clear.
Saying that though, personally I cannot see them continuing to pay Contributory ESA to WRAG claimants in the rest of EU after the proposed one year and denying this to those living in the UK. It could be open to challenge in the European Court as it would be treating those abroad differently to those in UK.
I know this already happens with such as DLA Mobility (the other way around) but that was excluded from the European Court of Justice ruling back in October 2007 whilst such as DLA care was included.
Pete
