ECJ advocate general’s opinion on exporting incapacity in youth IB

New Advocate General’s opinion in Lucy Stewart v Secretary of State for Work and Pensions which was referred to ECJ by Upper Tribunal -

http://www.bailii.org/eu/cases/EUECJ/2011/C50309_O.html

Decides that residence condition not unlawful provided that - applied by way of derogation from, and replacing contribution condition - it serves to provide a connection between the claimant and the social security system of which benefit forms a part, and is unenforceable against people with a comparable connection.

Goes on to say that up to Upper Tribunal to decide whether the claimant’s connection withe the UK benefits system, namely that she is the family member of someone entitled to a UK pension, is enough to make the residence condition unenforceable.