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Commission requests Slovakia to pay disability benefits to insured people residing in another Member State

24/10/2012 A disable man with his family and dog

The European Commission has requested Slovakia to ensure that people insured under the Slovak social security regime but residing in another Member State can obtain benefits for the severely disabled.

By refusing to provide these benefits to people who live in other Member States, Slovakia is in breach of its obligations under EU law (and in particular Article 48 of the Treaty on the Functioning of the EU, as implemented by Regulation (EC) 883/2004) and is depriving severely disabled people of benefits to which they are entitled.

The Commission considers that the Slovak carer's allowance ('peňažný príspevok na opatrovanie'), disability allowance ('peňažný príspevok na osobnú asistenciu') and cash allowance for compensation of increased costs for severely disabled people ('peňažný príspevok na kompenzáciu zvýšených výdavkov') should be provided to those entitled to it even if they reside outside Slovakia.

The request takes the form of a reasoned opinion under EU infringement procedures. If Slovakia does not notify the Commission within two months of measures to ensure compliance with these obligations under EU law, the Commission may decide to refer the case to the EU's Court of Justice.

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