Equal treatment of equivalent benefits

Just worth flagging this case as its a helpful reminder of one of those often forgotten about areas.

HT v SSWP (PC) [2020] UKUT 57 (AAC)
https://assets.publishing.service.gov.uk/media/5e8f543286650c2dd9e792c5/csa_0387_2019.pdf

The claimant was a single woman of pension age. She was in receipt of Pension Credit and a Polish benefit called “Dodatek Pielęgnacyjny” which is capable of being paid to a person where they are either “incapable of independent living” or otherwise aged over 75. The claimant had been getting it before she was 75. The DWP refused to pay the Severe Disability Premium.

She was obviously not entitled to the SDP in national law but argued that because of the EU law provisions on co-ordination of benefits and the equal treatment of foreign benefit equivalents, she should be entitled to the SDP. Dodatek Pielęgnacyjny when paid to someone “incapable of independent living” was equivalent to Attendance Allowance.

The DWP refused to accept this was the case, as did the FtT, but on appeal to the UT, they conceded that the Polish benefit was equivalent on the individual facts of her case and therefore an entitlement to the SDP arose. Judge Jacobs approved that concession and substitutes his own decision awarding the SDP.

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Where clients are presenting who are in receipt of benefits from other EEA states, its always worth considering why this benefit has been awarded and whether there is any UK equivalent. If so, has the foreign benefit been treated any differently to its UK equivalent? E.g. would the UK benefit give rise to a premium which isn’t being paid, or would it be subject to a disregard which isn’t being applied? It can be well worth pursuing if this might apply as this case illustrates.

See also DMG Memo 02/20 which refers to the same argument succeeding in a case where the claimant wanted to claim carers allowance based on her mother’s receipt of the same Polish benefit.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/860767/m-02-20.pdf
https://www.rightsnet.org.uk/pdfs/CG_1346_2018.pdf