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Welfare Reform Act 2012

Section 84: No entitlement to daily living component where UK is not competent state

392.Section 84 provides that entitlement to the daily living component is limited to people for whom the United Kingdom is the competent state for payment of cash sickness benefits under either of the European Union Regulations mentioned in subsection (2).

393.This provision is intended to prevent a person who comes to the United Kingdom from another Member State of the European Economic Area or Switzerland, and for whom another Member State is the competent State for payment of sickness benefits (because the person is insured for sickness benefits there), being entitled to the daily living component of personal independence payment (irrespective of whether they meet the domestic entitlement conditions under the Act). This is primarily to prevent a person receiving double provision of benefits.

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