Keywords
Summary

Keywords

1 . SOCIAL SECURITY FOR MIGRANT WORKERS - COMMUNITY RULES - MATTERS COVERED - DECLARATIONS OF MEMBER STATES - EFFECTS

( REGULATION NO 1408/71 OF THE COUNCIL , ARTS . 5 AND 96 )

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - EQUALITY OF TREATMENT - DISGUISED DISCRIMINATION - PROHIBITION

( REGULATION NO 1408/71 OF THE COUNCIL , ART . 3 ( 1 ))

3 . SOCIAL SECURITY FOR MIGRANT WORKERS - COMMUNITY RULES - MATTERS COVERED - SCHEMES PURSUING OBJECTIVES OF DEMOGRAPHIC POLICY - EXCLUSION - NO DISTINCTION

4 . SOCIAL SECURITY FOR MIGRANT WORKERS - COMMUNITY RULES - MATTERS COVERED - NON-CONTRIBUTORY OLD-AGE BENEFIT - EQUALITY OF TREATMENT - SCOPE

( REGULATION NO 1408/71 OF THE COUNCIL , ARTS . 2 ( 1 ), 3 ( 1 ) AND 4 ( 1 ) ( C ) AND ( 2 ))

Summary

1 . THE FACT THAT A MEMBER STATE HAS MENTIONED A GIVEN ALLOWANCE IN ITS DECLARATION NOTIFIED AND PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLES 5 AND 96 OF REGULATION NO 1408/71 OF THE COUNCIL MUST BE ACCEPTED AS PROOF THAT THE BENEFITS RELATING TO THAT ALLOWANCE ARE SOCIAL SECURITY BENEFITS WITHIN THE MEANING OF THE REGULATION .

2 . THE RULE ON EQUALITY OF TREATMENT , LAID DOWN BY ARTICLE 3 ( 1 ) OF REGULATION NO 1408/71 PROHIBITS NOT ONLY PATENT DISCRIMINATION , BASED ON THE NATIONALITY OF THE BENEFICIARIES OF SOCIAL SECURITY SCHEMES , BUT ALSO ALL DISGUISED FORMS OF DISCRIMINATION WHICH , BY THE APPLICATION OF OTHER DISTINGUISHING CRITERIA , LEAD IN FACT TO THE SAME RESULT . SUCH MAY BE THE CASE WITH A PROVISION WHICH MAKES THE GRANT OF AN ALLOWANCE TO WOMEN WITH CHILDREN DEPENDENT ON THE NATIONALITY OF THE CHILDREN OF THE MOTHER IN QUESTION .

3 . REGULATION NO 1408/71 DOES NOT MAKE ANY DISTINCTION BETWEEN THE SOCIAL SECURITY SCHEMES TO WHICH IT APPLIES ACCORDING TO WHETHER THOSE SCHEMES DO OR DO NOT PURSUE OBJECTIVES OF DEMOGRAPHIC POLICY .

4 . ARTICLES 2 ( 1 ), 3 ( 1 ) AND 4 ( 1 ) ( C ) AND ( 2 ) OF REGULATION NO 1408/71 MUST BE INTERPRETED AS MEANING THAT THE GRANT OF A NON-CONTRIBUTORY OLD-AGE BENEFIT TO WOMEN WITH CHILDREN MAY NOT BE MADE DEPENDENT EITHER ON THE NATIONALITY OF THE PERSON CONCERNED OR ON THAT OF HER CHILDREN , PROVIDED THAT THE NATIONALITY IN QUESTION IS THAT OF ONE OF THE MEMBER STATES .