Secretary of State for Work and Pensions v Tolley

[2015] UKSC 55

UKSC 2013/0252
Secretary of State for Work and Pensions (Appellant) v Tolley (deceased acting by her personal representative) (Respondent)
On appeal from the Court of Appeal (Civil Division) (England and Wales)

The Secretary of State seeks a reference to the Court of Justice of the European Union on the proper interpretation of EU law provisions that relate to eligibility for Disability Living Allowance ("DLA"): specifically, whether persons who have ceased to be economically active and have left the UK for another Member State are eligible for DLA. The tribunals below held that Mrs Tolley was entitled to continue to receive the care component of DLA when she moved permanently from the UK to Spain in November 2002.

The Supreme Court unanimously decides to refer three questions to the CJEU.