Free movement and special non-contributory benefits for disabled people: between the devil and the deep blue sea
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. The question whether the diffe...
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| Format: | Article |
| Language: | English |
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Springer
2016
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| Online Access: | https://eprints.nottingham.ac.uk/36175/ |
| _version_ | 1848795236655955968 |
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| author | Roberts, Simon |
| author_facet | Roberts, Simon |
| author_sort | Roberts, Simon |
| building | Nottingham Research Data Repository |
| collection | Online Access |
| description | 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. The question whether the difference of treatment identified falls within the scope of EU law, including under obligations deriving from the UN Convention on the Rights of Persons with Disabilities, and whether any discrimination could be justified are considered, but left open. It is proposed that SNCBs are included in a review of the compatibility of EU legislation with the UN Convention. |
| first_indexed | 2025-11-14T19:28:53Z |
| format | Article |
| id | nottingham-36175 |
| institution | University of Nottingham Malaysia Campus |
| institution_category | Local University |
| language | English |
| last_indexed | 2025-11-14T19:28:53Z |
| publishDate | 2016 |
| publisher | Springer |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | nottingham-361752017-10-14T14:56:36Z https://eprints.nottingham.ac.uk/36175/ Free movement and special non-contributory benefits for disabled people: between the devil and the deep blue sea Roberts, Simon 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. The question whether the difference of treatment identified falls within the scope of EU law, including under obligations deriving from the UN Convention on the Rights of Persons with Disabilities, and whether any discrimination could be justified are considered, but left open. It is proposed that SNCBs are included in a review of the compatibility of EU legislation with the UN Convention. Springer 2016-09-05 Article PeerReviewed application/pdf en cc_by https://eprints.nottingham.ac.uk/36175/8/art%253A10.1007%252Fs12027-016-0434-3.pdf Roberts, Simon (2016) Free movement and special non-contributory benefits for disabled people: between the devil and the deep blue sea. ERA-Forum, 17 (2). pp. 221-232. ISSN 1863-9038 Disability; free-movement; special-non-contributory-benefits; UNCRPD https://link.springer.com/article/10.1007%2Fs12027-016-0434-3 doi:10.1007/s12027-016-0434-3 doi:10.1007/s12027-016-0434-3 |
| spellingShingle | Disability; free-movement; special-non-contributory-benefits; UNCRPD Roberts, Simon Free movement and special non-contributory benefits for disabled people: between the devil and the deep blue sea |
| title | Free movement and special non-contributory benefits for disabled people: between the devil and the deep blue sea |
| title_full | Free movement and special non-contributory benefits for disabled people: between the devil and the deep blue sea |
| title_fullStr | Free movement and special non-contributory benefits for disabled people: between the devil and the deep blue sea |
| title_full_unstemmed | Free movement and special non-contributory benefits for disabled people: between the devil and the deep blue sea |
| title_short | Free movement and special non-contributory benefits for disabled people: between the devil and the deep blue sea |
| title_sort | free movement and special non-contributory benefits for disabled people: between the devil and the deep blue sea |
| topic | Disability; free-movement; special-non-contributory-benefits; UNCRPD |
| url | https://eprints.nottingham.ac.uk/36175/ https://eprints.nottingham.ac.uk/36175/ https://eprints.nottingham.ac.uk/36175/ |