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Off work sick - how long does UK remain competent state?

MM
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UCL Integrated Legal Advice Clinic

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Total Posts: 5

Joined: 30 September 2020

Hello

My client is over state pension age and an EEA national. She receives a tiny pension from the Member State she comes from, but as she is working in the UK, the UK is the competent state for paying cash sickness benefits. My client has been claiming Attendance Allowance, and gets SDP on top of her Pension Credit as a result.

She is not well, and has had to take 2 months off work. She intends to go back to work at the beginning of next month.

Can anyone confirm whether the UK remains the competent state if her leave from work is only temporary?

WillH
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Locum adviser - CPAG in Scotland

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Total Posts: 275

Joined: 17 June 2010

I think this is ok. She remains entitled to PC as she is still a worker (she is still employed, and also retains worker status as someone temporarily unable to work). So under Article 31 of Reg 883/04

‘Articles 23 to 30 shall not apply to a pensioner or the members of his family who are entitled to benefits under the legislation of a Member State on the basis of an activity as an employed or self-employed person.’

In other words I think because she is entitled to PC as a worker the competent state is still the UK?

See also in the DMG:

‘Note: The general rule ceases to apply if the person receiving a pension from another Member State
undertakes activity as an employed or self-employed person in the Member State of residence. In these
circumstances, the Member State of residence may become competent for the payment of cash
sickness benefts to that person for such time as that person is employed or self-employed.’

That’s in volume 2, chapter 7 part 2 - appendix 3, note to para 22