Exporting DLA, AA & CA following ECJ ruling C-299/05

Following the ECJ ruling, that DLA (care component), AA and CA were not special non-contributory benefits and so were exportable under EC regulation 1408/71, the SI 2011/2426 follows that superseding decisions are to take effect from 18.10.07. 

Does anyone have any experience or potential arguements that would backdate an award of these benefits from the date a claimant left GB, if this date was after 8.3.11 (the Jauch decison)?

My clients had both DLA & CA in place until the date they left GB, in 2004, when their benefit was stopped.  They reapplied, following information about the ECJ decison (dated 18.10.07), begining of 2008, whilst still out of GB, and received the ex-stat payments from Oct07 and their award was made continuous from this date.  However, they appealed the decision, stating they wanted backdating to when they first left GB in 2004 (following the Jauch decision 8.3.01).

However, I’m struggling to find anything substantial that I could use to support this appeal.

Please help….