CJEC : a care allowance for a disabled child is not subject to a parent residence obligation

Publication

22 February 2006 à 08h56

Updated on 20 March 2013 à 22h18

Reading time

3 minutes

Publication: 22 February 2006 à 08h56, Updated on 20 March 2013 à 22h18

Reading time: 3 minutes

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The CJEC has just ruled on the nature of the specific dependence allowance which is granted to disabled children. It has also ruled on its grant conditions, particularly the residence condition. (Réf. 06169)
Publication

22 February 2006 à 08h56

Updated on 20 March 2013 à 22h18

Reading time

3 minutes

Publication: 22 February 2006 à 08h56, Updated on 20 March 2013 à 22h18

Reading time: 3 minutes

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According to the Court, this allowance in not a special non-contributory benefit but a sickness benefit. Consequently, EEC regulation 1408/71 is applicable. This allowance thus has to be granted to a frontier worker’s disabled child. According to the Court’s judgment, the care allowance is a benefit which is granted objectively on the basis of a legally defined position and is intended to improve the state of health and life of a person reliant on care. Its essential purpose is to...

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