Keywords
Summary

Keywords

1 . SOCIAL SECURITY FOR MIGRANT WORKERS - INVALIDITY INSURANCE - ACQUISITION OF THE RIGHT TO BENEFITS - CONDITIONS - TAKING INTO ACCOUNT OF THE PERIOD OF RESIDENCE IN A MEMBER STATE - MEMBER STATES EMPOWERED SO TO ACT

( REGULATION NO 1408/71 OF THE COUNCIL , ART . 48 ( 1 )

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - INVALIDITY INSURANCE - ACQUISITION OF THE RIGHT TO BENEFITS - CONDITIONS - COMPLETION OF THE MINIMUM QUALIFYING PERIOD SPECIFIED BY NATIONAL LAW - WHETHER THE RIGHT TO BENEFIT IS DEPENDENT ON THE WORKER ' S BEING INSURED AT THE TIME AT WHICH THE RISK MATERIALIZES - NOT DEPENDENT THEREON

( REGULATION NO 1408/71 OF THE COUNCIL , ART . 48 ( 1 ))

Summary

1 . FOR THE PURPOSES OF ARTICLE 48 ( 1 ) OF REGULATION NO 1408/71 , THE DURATION OF RESIDENCE IN A MEMBER STATE IS TO BE TAKEN INTO ACCOUNT ONLY IF THE LEGISLATION OF THAT MEMBER STATE MAKES THE COMPLETION OF PERIODS OF RESIDENCE A CONDITION FOR ENTITLEMENT TO INVALIDITY BENEFIT .

2 . ARTICLE 48 ( 1 ) OF REGULATION NO 1408/71 IS TO BE INTERPRETED AS MEANING THAT EVEN IF THE WORKER HAS NOT COMPLETED A PERIOD OF INSURANCE OF ONE YEAR IN A MEMBER STATE , THE COMPETENT INSTITUTION OF THAT MEMBER STATE IS BOUND TO AWARD HIM INVALIDITY BENEFITS IF THE WORKER HAS COMPLETED THE MINIMUM QUALIFYING PERIOD SPECIFIED AS A CONDITION FOR ELIGIBILITY BY NATIONAL LAW . IF THE WORKER HAS COMPLETED THE MINIMUM QUALIFYING PERIOD THE COMPETENT INSTITUTION MAY NOT REFUSE HIM BENEFIT ON THE GROUND THAT A PROVISION IN NATIONAL LAW MAKES THE RIGHT TO BENEFIT DEPENDENT UPON THE WORKER ' S BEING INSURED IN THAT MEMBER STATE AT THE TIME AT WHICH THE RISK MATERIALIZES .