Memo DMG 27/15
ACTION TO TAKE ONCE COMPETENCY HAS BEEN
DECIDED
Contents
Paragraphs
Introduction
1
The DM decides that the UK is the competent state for the payment
2
of cash sickness benefits
(DMG 071752)
The DM decides that the UK is not the competent state for the
payment of cash sickness benefits
Scenario one: Where there is no acceptable evidence of a
3
dispute regarding competence between member states
Scenario Two: Difference of opinion between member states as
4 - 5
to competence
Resolving the dispute
6 - 8
INTRODUCTION
1
This memo expands the guidance for DMs on the approach to take to cases where a
decision on competency has been reached.
THE DM DECIDES THAT THE UK IS THE COMPETENT STATE FOR
THE PAYMENT OF CASH SICKNESS BENEFITS
2
Where the DM decides that the UK is the competent state to pay cash sickness
benefits to a person, the DM should then go on to consider whether the relevant
domestic conditions of entitlement are met.
THE DM DECIDES THAT THE UK IS NOT THE COMPETENT STATE
FOR THE PAYMENT OF CASH SICKNESS BENEFITS
Scenario one: Where there is no acceptable evidence of a dispute
regarding competence between member states
3
Where the DM decides that the UK is not the competent state they should:
1.
refuse the claim
and
2.
immediately forward the claim to the member state the DM considers is
competent1
1 Art 81 Reg (EC) 883/04; [2015] AACR 26
Scenario Two: Difference of opinion between member states as to
competence
4
Where there is a difference of opinion between the UK and one or more other Member
States as to the identification of the State competent to provide cash benefits to a
person, then either the
1.
state where the claimant resides
or
2.
member state where the claim was first made (if the claimant does not reside in
any of the member states concerned in the dispute)
will provide cash benefits to that person on a provisional basis, provided that person
meets the relevant domestic eligibility criteria1.
1 Reg (EC) 987/09 Art 6(2)
Note: Competency is not contingent on the other member state having a similar
benefit to the one applied for by the claimant. Therefore the position regarding
competence will not be altered if the other member state does not have a similar
benefit to the one applied for by the claimant. Further, payment on a provisional basis
will not need to be made in these circumstances.
5
Should a dispute regarding competence arise between the UK and another member
state the DM should not await
1.
an appeal
or
2.
the outcome of an appeal
before making provisional payments1.
1 [2015] AACR 26
Resolving the dispute
6
Where no agreement can be reached between the member states as to who is
competent the DM should refer the matter to DMA Leeds. DMA Leeds will liaise with
policy and legal services to decide whether to refer to the Administrative Commission1.
1 Reg (EC) 987/09 Art 6(3)
7
The Administrative Commission will try to reconcile the dispute within 6 months1.
1 Reg (EC) 987/09 Art 6(3)
8
Where the UK has paid benefit on a provisional basis and the Administrative
Commission decides another member state is competent that member state will
reimburse the UK benefits paid1.
1 Reg (EC) 987/09 ; Art 73
ANNOTATIONS
Please annotate the number of this memo (27/15) against the following DMG
paragraphs:
071700 and 071765
CONTACTS
If you have any queries about this memo, please write to Decision Making and
Appeals (DMA) Leeds, 1S25, Quarry House, Leeds. Existing arrangements for such
referrals should be followed, as set out i
n Memo DMG 03/13 - Obtaining legal advice
and guidance on the Law.
DMA Leeds: November 2015
The content of the examples in this document (including use of imagery) is for il ustrative
purposes only
Document Outline