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1.Social security for migrant workers - Benefits - Community rules against overlapping - Overlapping in relation to family benefits
( Council Regulation No 1408/71, Art . 12(1 ) )
2.Social security for migrant workers - Family benefits - Community rules against overlapping - Entitlement to benefits in the Member State of employment of one parent in respect of members of the family residing in another Member State - Spouse in receipt of family benefits in respect of the same members of family in a third Member State by reason of employment - Conditions for exercising the right to benefits - Amount of benefits actually received in the third Member State lower than that provided for in the legislation of the first Member State - Entitlement limited to a supplement to benefits
( EEC Treaty, Art . 51; Council Regulation No 1408/71, Arts 12 and 73 )
1.It follows from the wording of Article 12(1 ) of Regulation No 1408/71 that overlapping of benefits occurs not only when one person is entitled to two different family benefits at the same time, but also when two different persons, such as for example both parents, are entitled to such benefits in respect of the same child .
2.In accordance with the aim of Article 51 of the Treaty, to which reference should be made when the Community rules do not provide for a specific situation, Articles 12 and 73 of Regulation No 1408/71 must be interpreted as meaning that a worker' s right to family benefits in the Member State of employment in respect of members of his family residing in a second Member State, when family benefits are already being paid in respect of the same members of family to his or her spouse in a third Member State in which that spouse is employed, may be exercised where the amount of family benefits actually received in the third Member State is lower than the amount of benefit in the first Member State, in which case the worker is entitled to an additional benefit, payable by the competent institution of the first State, equal to the difference between the two amounts .