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SMI discount and other EEA state benefits
Does anyone know if an Irish invalidity pension qualifies as a relevant benefit for an SMI discount and how I can argue it?
The legislation actually says:
an invalidity pension under section 33, 40 or 41 of the Social Security Contributions and Benefits Act 1992
I understand it has never been amended post ESA (section 33 no longer in existence) but ESA is included anyway
My knowledge of EEA law is atrocious but I wondered if there was something under EEA law which allows the Irish invalidity pension as an equivalent.
Yes, the SSC&BA; 1992 only applies to Great Britain. Therefore Irish invalidity pensions are not paid under the Act.
Is there a soul alive who truly understands EU coordination rules? Certainly not me.
But Article 5(a) of Reg 883/2004 says:
where, under the legislation of the competent Member State, the receipt of social security benefits and other income has certain legal effects, the relevant provisions of that legislation shall also apply to the receipt of equivalent benefits acquired under the legislation of another Member State or to income acquired in another Member State
Unfortunately I think this works the wrong way round for the client in this thread: Ireland is the competent state for the payment of the pension but it isn’t the competent state as regards CT discounts and exemptions, indeed such matters are not within the scope of the Regulation at all. I think Article 5 only assists people who are relying on another member state’s equivalent benefit as a passport to something else within the scope of the Regulation.
Is there a soul alive who truly understands EU coordination rules? Certainly not me.
But Article 5(a) of Reg 883/2004 says:
where, under the legislation of the competent Member State, the receipt of social security benefits and other income has certain legal effects, the relevant provisions of that legislation shall also apply to the receipt of equivalent benefits acquired under the legislation of another Member State or to income acquired in another Member State
Unfortunately I think this works the wrong way round for the client in this thread: Ireland is the competent state for the payment of the pension but it isn’t the competent state as regards CT discounts and exemptions, indeed such matters are not within the scope of the Regulation at all. I think Article 5 only assists people who are relying on another member state’s equivalent benefit as a passport to something else within the scope of the Regulation.
I have significant difficulty with the coordination rules too but for what it is worth, I agree with your interpretation Anorak. The only thing that did occur to me is that the client might have good grounds for a discretionary payment request in view of the circumstances.
“Is there a soul alive who truly understands EU coordination rules?”
HB Anorak, souls are eternal they neither takes life nor dies 😊
Metaphysics on Rightsnet. There’s a first.
Underlines my point really - you could live for eternity and still not understand the coordination rules
Thank you all. On the above basis I think I will try an appeal anyway. Client will get full benefit if it does not work but it is ‘rather annoying’ that we would have got the discount if we were not having to wait 6 - 9 months (or possibly longer) for a pip claim to be assessed.