The social security scheme for workers moving within the Member States provides for a system of coordination pursuant to which recipients of certain special non-contributory benefits under the legislation of a Member State are entitled to those benefits solely when they reside within the territory of that Member State

Following a serious accident which left him with severely impaired mobility, Mr Snares, a worker of British nationality, applied for disability living allowance. That allowance was awarded to him with effect from 1 September 1993. In November 1993, Mr Snares decided to settle in Tenerife (Spain), where his mother lives, in order that she could look after him.

The United Kingdom authorities subsequently decided to set aside his right to disability living allowance on the ground that, having taken up residence in Tenerife, he was no longer entitled to that allowance under either United Kingdom legislation or Community law.

In reply to questions on the interpretation and validity of the Community regulation submitted by the Social Security Commissioner, the Court of Justice held that this type of benefit had to be treated as being governed exclusively by the coordination rules of Community legislation under which certain social security benefits cannot be exported.

Consequently, Mr Snares, who satisfied the conditions for its award, could not export that allowance, since it was a benefit governed exclusively by the system of coordination thus laid down.

With regard to the validity of the provision at issue, the Court pointed out that if a person in Mr Snares' position did not, in a particular case, satisfy the conditions applied by his new State of residence to the award of invalidity benefit, or if he received a lower benefit there than that which he hitherto received in another Member State, that could not invalidate the system thus established.

In the absence of harmonization in social security matters, the Member States remain competent to define the conditions for granting social security benefits, even if they make them more strict; the conditions adopted must not, however, involve overt or disguised discrimination between Community workers. Examination of the regulation in dispute in this case did not disclose any factor of such a kind as to affect its validity.

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For the full text of the judgment, please consult the home page of the Court of Justice: http://www.curia.eu.int. For further information, please contact Tom Kennedy (tel. (352) 4303 3355; fax: (352) 4303 2500).