Keywords
Summary

Keywords

1 . SOCIAL SECURITY FOR MIGRANT WORKERS - BENEFITS - NATIONAL RULES AGAINST OVERLAPPING - WHETHER APPLICABLE TO BENEFITS ACQUIRED BY VIRTUE OF NATIONAL LEGISLATION ALONE

( REGULATION NO 1408/71 OF THE COUNCIL , ARTS 12 ( 2 ) AND 46 )

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - INVALIDITY INSURANCE - CALCULATION OF BENEFITS - ARTICLE 46 OF REGULATION NO 1408/71 - WHETHER APPLICABLE WHEN THE AMOUNT OF THE BENEFITS DUE BY VIRTUE OF NATIONAL LEGISLATION IS UNRELATED TO THE PERIODS COMPLETED AND WHEN THE MINIMUM PERIOD UNDER THAT LEGISLATION WAS COMPLETED IN A SPECIAL SCHEME FOR A PARTICULAR OCCUPATION - RULES FOR CALCULATING THE BENEFITS .

( REGULATION NO 1408/71 OF THE COUNCIL , ARTS 45 ( 2 ) AND 46 )

Summary

1 . THE PROVISIONS OF REGULATION NO 1408/71 DO NOT PRECLUDE THE GRANT OF BENEFITS TO WHICH ENTITLEMENT WAS ACQUIRED BY VIRTUE OF NATIONAL LEGISLATIVE PROVISIONS ALONE , WHEN THOSE BENEFITS ARE GREATER THAN THOSE DETERMINED PURSUANT TO ARTICLE 46 OF THE REGULATION .

IN SUCH A CASE , ARTICLE 12 ( 2 ) OF REGULATION NO 1408/71 DOES NOT PRECLUDE THE APPLICATION OF A NATIONAL RULE DESIGNED TO PREVENT THE OVERLAPPING OF DOMESTIC AND FOREIGN BENEFITS , IN ORDER TO DETERMINE THE BENEFITS ACQUIRED UNDER NATIONAL LEGISLATIVE PROVISIONS ALONE .

2 . ARTICLE 46 OF REGULATION NO 1408/71 IS APPLICABLE WHERE THE AMOUNT OF THE BENEFITS DUE BY VIRTUE OF NATIONAL LEGISLATION IS UNRELATED TO THE PERIODS COMPLETED AND WHERE THE MINIMUM PERIOD GIVING RISE TO ENTITLEMENT UNDER THAT LEGISLATION HAS BEEN COMPLETED , EVEN IF THE SCHEME CONCERNED IS A SPECIAL SCHEME FOR A PARTICULAR OCCUPATION AND THE PERIODS COMPLETED IN ANOTHER MEMBER STATE WERE NOT COMPLETED WITHIN AN EQUIVALENT SCHEME .

FOR THE PURPOSE OF DETERMINING THE AMOUNT REFERRED TO IN THE FIRST SUBPARAGRAPH OF ARTICLE 46 ( 1 ) IT IS NOT PERMISSIBLE TO APPLY A NATIONAL RULE DESIGNED TO PREVENT THE OVERLAPPING OF DOMESTIC AND FOREIGN BENEFITS .

THE AMOUNT FOUND TO BE HIGHER , ON THE BASIS OF THE COMPARISON PRESCRIBED IN THE SECOND PARAGRAPH OF ARTICLE 46 ( 1 ), IS TO BE REDUCED WHERE APPROPRIATE IN ACCORDANCE WITH ARTICLE 46 ( 3 ).