MGL v Secretary of State for Work and Pensions (ESA): [2018] UKUT 352 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Wikeley on 23 October 2018

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 18 December 2018

• Categories: Employment and support allowance
• Sub-categories: Claims and payments - period of claim, Employment and support allowance - other, European Union law - Council regulations 1408/71/EEC and (EC) 883/2004
• Judges: Wikeley, N
• Decision date: 23 October 2018

Read the full decision in CE/480/2018.

Judicial Summary

Original claim for invalidity benefits in Spain by British national not referred to UK social security authorities - subsequent claim a year later referred on E204 by Spanish authorities to DWP - date of claim for purposes of ESA - Regulation 883/2004 arts 46, 50 and 81 - Regulation 987/2009 art.45 - Case C-335/95 Inasti v Picard [1996] ECR I-5625 applied

Published 18 December 2018