Keywords
Summary

Keywords

1 . SOCIAL SECURITY FOR MIGRANT WORKERS - COMMUNITY RULES - TO TAKE PRECEDENCE OVER THE EUROPEAN INTERIM AGREEMENT ON SOCIAL SECURITY SCHEMES - CONDITIONS

( REGULATION NO 1408/71 OF THE COUNCIL , ART . 7 ( 1 ) ( B ))

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - COMMUNITY RULES - SCOPE - MEMBERS OF THE FAMILY OF A WORKER - RELATIVES IN THE ASCENDING LINE - SPECIAL OLD-AGE ALLOWANCE - REGULATION NO 1408/71 - NOT APPLICABLE

( REGULATION NO 1408/71 OF THE COUNCIL , ART . 2 ( 1 ))

3 . FREE MOVEMENT OF PERSONS - WORKERS - EQUALITY OF TREATMENT - SOCIAL ADVANTAGE - DEFINITION - SPECIAL OLD-AGE ALLOWANCE GUARANTEEING A MINIMUM INCOME - GRANT TO NATIONALS OF OTHER MEMBER STATES - REQUIREMENT OF A PERIOD OF RESIDENCE - NOT PERMISSIBLE

( REGULATION NO 1612/68 OF THE COUNCIL , ART . 7 ( 2 ))

Summary

1 . WITHIN ITS FIELD OF APPLICATION REGULATION NO 1408/71 TAKES PRECEDENCE OVER THE EUROPEAN INTERIM AGREEMENT ON SOCIAL SECURITY SCHEMES IN RESPECT OF OLD AGE , INVALIDITY AND SURVIVORS , TO THE EXTENT TO WHICH THAT REGULATION IS MORE FAVOURABLE THAN THE SAID AGREEMENT FOR THOSE ENTITLED .

2 . THE MEMBERS OF THE FAMILY OF A WORKER OR HIS SURVIVORS CAN ONLY CLAIM DERIVED RIGHTS UNDER REGULATION NO 1408/71 , THAT IS TO SAY RIGHTS ACQUIRED THROUGH THEIR STATUS AS A MEMBER OF THE WORKER ' S FAMILY OR AS HIS SURVIVOR . A RELATIVE IN THE ASCENDING LINE OF A MIGRANT WORKER CANNOT THEREFORE CLAIM THE BENEFIT OF A SPECIAL OLD-AGE ALLOWANCE PAID TO OLD PERSONS WHETHER OR NOT THEY ARE RELATED TO A WORKER .

3 . THE TERM ' SOCIAL ADVANTAGE ' WITHIN THE MEANING OF ARTICLE 7 ( 2 ) OF REGULATION NO 1612/68 INCLUDES ALL ADVANTAGES WHICH , WHETHER OR NOT LINKED TO A CONTRACT OF EMPLOYMENT , ARE GENERALLY GRANTED TO NATIONAL WORKERS PRIMARILY BECAUSE OF THEIR OBJECTIVE STATUS AS WORKERS OR BY VIRTUE OF THE MERE FACT OF THEIR RESIDENCE ON THE NATIONAL TERRITORY AND WHOSE EXTENSION TO WORKERS WHO ARE NATIONALS OF OTHER MEMBER STATES THEREFORE SEEMS LIKELY TO FACILITATE THE MOBILITY OF SUCH WORKERS WITHIN THE COMMUNITY .

THE GRANT OF A SPECIAL OLD-AGE ALLOWANCE WHICH GUARANTEES A MINIMUM INCOME TO OLD PERSONS CONSTITUTES A SOCIAL ADVANTAGE WITHIN THE MEANING OF REGULATION NO 1612/68 . ARTICLE 7 ( 2 ) OF THAT REGULATION MUST BE INTERPRETED TO THE EFFECT THAT THE GRANT OF SUCH A SOCIAL ADVANTAGE MAY NOT BE MADE SUBJECT TO A CONDITION REQUIRING ACTUAL RESIDENCE IN THE TERRITORY OF A MEMBER STATE FOR A SPECIFIED NUMBER OF YEARS IF SUCH A CONDITION IS NOT LAID DOWN IN RESPECT OF NATIONALS OF THAT MEMBER STATE .