Keywords
Summary

Keywords

Social security for migrant workers — Family benefits — Community rules against aggregation — Article 10(1)(b)(i) of Regulation No 574/72 — Worker entitled to benefits in the State of employment for children also giving entitlement for benefits in another Member State, place of the worker’s residence and of employment of the worker’s spouse — Suspension of entitlement to allowances in the State of employment up to the amount of the allowances paid by the Member State of residence

(Council Regulation No 574/72, Art. 10(1)(b)(i))

Summary

Article 10(1)(b)(i) of Regulation No 574/72 laying down the procedure for implementing Regulation No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, as amended and updated by Regulation No 118/97, must be interpreted as meaning that the exercise by the spouse of the person entitled to a family benefit in pursuance of Article 73 of Regulation No 1408/71, as amended and updated by Regulation No 118/97, of a professional or trade activity in the Member State of residence of the children suspends entitlement to allowances in pursuance of Article 73 of Regulation No 1408/71 up to the amount of the child-raising allowances provided for by the legislation of the Member State of residence, irrespective of who is designated as being directly entitled to the family allowances by the legislation of that Member State.

(see paras 33-34, operative part)