Free movement and special non-contributory benefits for disabled people: Between the devil and the deep blue sea

Abstract

Special non-contributory benefits (SNCBs) include benefits intended solely for the specific protection of disabled people. SNCBs are not exportable under EU law. This paper asks whether SNCBs discriminate against disabled people exercising their right to free movement. Two further questions will be explored in this article: Firstly, whether the difference of treatment identified falls within the scope of EU law (including under the obligations deriving from the UN Convention on the Rights of Persons with Disabilities), and secondly, whether any discrimination could be justified. It is proposed that SNCBs are included in a review of the compatibility of EU legislation with the UN Convention.