People who are already receiving disability benefits—disability living allowance care component, attendance allowance or carer's allowance—when they leave the UK to live in another European Economic Area state or in Switzerland can continue to receive the benefits, subject to certain conditions. The rules are set out on the Directgov website at:
We are still considering the implications of the European Court's decision for people who are UK citizens but who live in another European Economic Area state or in Switzerland and who wish to claim a disability benefit. We will publish the criteria for awarding the benefits on the Directgov website as soon as the details have been finalised.
Since the date of the judgement we have received around 1,700 requests for payment of disability living allowance (care component), attendance allowance and carer's allowance from people who previously lived in the United Kingdom and are now living in another European Economic Area state or Switzerland.