Judgment_paragraph 21 · Ralph James Bartlett and Others v Secretary of State for Work and Pensions (C-537/09)

21In that regard, it must be borne in mind that the Court held, in paragraph 69 of the judgment in Case C-299/05 Commission v Parliament and Council, that the mobility component of DLA is severable, with the result that that component alone could be included on the list in Annex IIa to Regulation No 1408/71, as amended, if the United Kingdom decided to create an allowance which concerned that component alone. It follows that the mobility component of DLA, by itself, constitutes a ‘benefit’ within the terms of Article 1(t) of Regulation No 1408/71, as amended.

Ralph James Bartlett and Others v Secretary of State for Work and Pensions (C-537/09)

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