Two young Dutch woman suffering from a disability estimated between 80 and 100% obtained an incapacity allowance, in accordance with the Dutch legislation. After having decided to leave the Netherlands, one in France, the other in Germany, the payment of their allowance was suspended. The jurisdiction they solicited referred to the CJEC in order to know if this allowance -which appears in the list of benefits described as non-exportable by the Member States fixed by the appendix II (a) of re
…The Court of Justice accepts the suspension of an incapacity allowance for a disabled person who leaves the Netherlands
Two young Dutch woman benefiting from an allowance for young handicapped people decided to settle in another Member State. Dutch authorities suspended the payment of the allowance which they consider being a special non-contributive benefit, therefore non-exportable according to the European legislation. The Court of Justice confirms this position in a ruling of July 6. (Réf. 06693)
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