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1 . Social security for migrant workers - Frontier workers - Meaning - Worker having transferred his residence to a Member State other than the State of employment and no longer returning to the latter State - Not covered
( Regulation No 1408/71 of the Council, Art . 1 ( b ) and Art . ( 1 ) ( a ) ( ii ) )
2 . Social security for migrant workers - Unemployment - Worker other than frontier worker who is fully unemployed transferring, for family reasons, his residence to a Member State other than that of last employment - Entitlement to benefits in the Member State of residence
( Regulation No 1408/71 of the Council, Art . 71 ( 1 ) ( b ) ( ii ) )
1 . Only workers who, on the one hand, reside in a Member State other than the State of employment and who, on the other, return regularly and frequently, in other words, daily or at least once a week, to their State of residence may be considered as having the status of frontier worker . It follows that a worker who, after transferring his residence to a Member State other than the State of employment, no longer returns to that State to pursue his occupation, is not covered by the term "frontier worker" within the meaning of Article 1 ( b ) of Regulation No 1408/71 and cannot rely on Article 71 ( 1 ) ( a ) ( ii ) of that regulation .
2 . The field of application ratione personae of Article 71 ( 1 ) ( b ) ( ii ) of Regulation No 1408/71 is not limited to the categories of workers referred to in Decision No 94 of the Administrative Commission on Social Security for Migrant Workers . It applies, in particular, to a worker who, in the course of his last employment, transfers his residence to another Member State for family reasons and who, after that transfer, no longer returns to the State of employment to pursue an occupation there . The possibility of receiving unemployment benefits in the State of residence rather than the State of employment under this provision is justified for certain categories of workers with close ties, in particular of a personal and vocational nature, with the country where they have settled and habitually reside and who must, as a result, be accorded the best conditions for obtaining new employment .