These conjoined cases, R (Carson) v Secretary of State for Work and Pensions and R (Carson & Reynolds) v Secretary of State for Work and Pensions, refer to a significant legal challenge in the United Kingdom concerning the payment of disability living allowance (DLA) and attendance allowance (AA) to British pensioners residing in other European Economic Area (EEA) states. The "R" stands for Regina (or Rex), signifying that the cases were judicial reviews brought against the government (the Secretary of State for Work and Pensions). Carson was the lead claimant in the initial case, later joined by Reynolds.
The core of the legal issue centered on whether the UK's policy of not uprating these benefits (meaning increasing them in line with inflation) for pensioners living in other EEA countries was discriminatory and a violation of EU law, specifically Article 4 of Regulation 1408/71 (and subsequently, Regulation 883/2004), which concerned the equal treatment of social security benefits for migrant workers and their family members. The claimants argued that the UK was failing to treat them equally compared to pensioners residing in the UK, particularly because these benefits were intended to cover the additional costs associated with disability.
The cases progressed through the UK court system, including the High Court, the Court of Appeal, and eventually reached the Supreme Court. The Supreme Court ultimately ruled against the claimants, upholding the government's policy. The court reasoned that the benefits in question were predominantly exportable under EU law, but that the uprating of these benefits was not mandated by EU law. The court considered factors such as the purpose of the benefits, the link between the benefits and the UK tax system, and the administrative burden that would be placed on the UK government if uprating were required for all pensioners residing in the EEA.
The Carson cases are notable for their impact on social security law and their consideration of the interplay between national welfare policies and EU law principles of equal treatment and free movement. They highlighted the complex issues surrounding the exportability of social security benefits and the challenges faced by pensioners living abroad. The cases have significant implications for the interpretation of EU regulations regarding social security coordination and the scope of member states' discretion in determining social security policies.