[2024] UKUT 405 (AAC)

Art 6 of the Implementing Reg deals with the situation where there is a “difference of views” between Member States as to whose legislation is applicable to an individual or which is the competent state for the provision of benefits. This situation may, among other things, leave an individual in limbo because each Member State takes the view that the other is responsible. Art 6(2) provides for the default rule that, in the face of such a difference of views, the individual should be entitled to benefits from the state of residence. The Court of Appeal gave guidance on what is required for a difference of views to engage Art 6(2) in Fileccia v SSWP [2018] 1 WLR 4129.