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07 August 2015
Issue: 7664 / Categories: Case law , Law digest , In Court
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Social security

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Secretary of State for Work and Pensions v Tolley (deceased, acting by her personal representatives) [2015] UKSC 55, [2015] All ER (D) 310 (Jul)

The Supreme Court referred to the European Court of Justice questions arising from the issue of whether the UK was precluded, by Council Regulation (EC) no 1408/71 (on the application of social security schemes to employed persons, self-employed persons and members of their families moving within the Community) from imposing a requirement of residence in Great Britain as a condition of entitlement to disability living allowance and thus depriving a claimant who had gone to live in another member state of that benefit.

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