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Competent State
Generally only one country at any one time will be responsible for paying benefits to an individual in the protected cohort. The country responsible for paying an individual’s benefits is known as the ‘competent state’. In order for members of the protected cohort to be eligible for ADP, the UK must be their competent state (Reg 15 (3) (c) (ii), Reg 19 (c) (iii) & Reg 20 (2) (a) (ii)).
An order of priority is used to determine the competent state:
- If an individual is working then the country where they actually work will be the competent state for paying their benefits;
- The country which pays an individual a benefit is the competent state. This is when an individual receives a pension or other contributory social security benefit from a country other than the one where they live.;
If an individual is neither working nor receiving any social security benefits, then the country where they live is the competent state.
Members of the armed forces and civil servants, and their families, are subject to the legislation to which the administration employing them is subject (Arts 13(2)(d) & (e) Regulation EC 883/2004).
No award of the daily living component of ADP should be made where the UK is not the competent state. The mobility component can still be awarded if the applicant satisfies all the other eligibility criteria.
In cases where both:
- an individual makes an application for the daily living component
- the UK is not the competent state
the application should be refused and the details immediately forwarded to the competent member state.
Examples of Competent State:
Ruxandra, a Romanian national, lives and works in Glasgow for a Scottish company. The UK is the competent state as Ruxandra’s state of employment.
Theo, a UK national, lives in Spain. He receives a state pension from the UK. Theo is injured in an accident while living in Spain and makes a claim for ADP. the UK is the competent state as Theo’s state of insurance.
Annika, a Polish national, lives in Poland and works remotely for a company based in Inverness. The UK is competent as Annika’s state of employment.
Radek, a Slovakian national, lives in Dumfries. He is not employed or self employed because he is retired and receives a state pension from Slovakia. Slovakia is the competent state as Radek’s state of insurance.
Francois is French and he lives in Dundee. He is not employed or self-employed and he does not receive any contributory benefits from any other countries. The UK is the competent state as Francois’ state of residence.
Jimmy has a live award of ADP which lasts for another four years. He moves to France. As long as Jimmy does not take up employment in France, his award should be paid until the award end date. Any new claims should however be directed to the relevant French authorities, as Jimmy’s state of residence.
Sandra lives in Brussels. She is employed as a civil servant by the Scottish Government and is posted to Brussels for work. Because Sandra is a UK civil servant, the competent state is the UK.