“… approach of the CJEU in Tolley, and with the subsequent concession by the SSWP in the Upper Tribunal case of KR v Secretary of State for Work and Pensions(DLA)[2019] UKUT 85 (AAC) that the care competent of DLA may be “exported” under Regulation 883/2004: see the judgment in the latter case of UT Judge Jacobs at [18] to [20]. See further…”
“…ticle 7 of the 2004 Regulation applied, and noted that this was consistent with the approach that he had taken in KR v Secretary of State for Work and Pensions [2019] UKUT 85 (AAC). He held that article 68 of the 2004 Regulation did not apply because there was no evidence of an overlapping child benefit claim. He held that article 59 of t…”
“…It does not matter whether the appellant is an insured person in the United Kingdom. In KR v Secretary of State for Work and Pensions [2019] UKUT 85 (AAC), a case concerning the export of a sickness benefit under Regulation 883/2004, the SSWP conceded that the claimant remained entitled to the benefit by virtue o…”