Keywords
Summary

Keywords

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1. Social security for migrant workers - Community rules - Scope ratione materiae - Allowance for physical disablement affecting mobility - Treated as an invalidity benefit where paid to a person who has been subject as an employed person to the legislation of the State granting it

(Council Regulation No 1408/71, Art. 4(1)(b) )

2. Social security for migrant workers - Benefits - Residence requirements - Waiver - Withdrawal of entitlement to invalidity benefit owing to residence of the beneficiary in another Member State - Not permissible

(Council Regulation No 1408/71, Arts 4(1)(b) and 10(1) )

Summary

1. In the case of persons who are or have been subject as employed or self-employed persons to the legislation of a Member State, an allowance provided for under the legislation of that Member State which is granted on the basis of objective criteria to persons suffering from physical disablement affecting their mobility and to the grant of which the persons concerned have a legally protected right must be treated as an invalidity benefit within the meaning of Article 4(1)(b) of Regulation No 1408/71.

2. Where an allowance for handicapped persons constitutes an invalidity benefit within the meaning of Article 4(1)(b) of Regulation No 1408/71, Article 10 of that regulation precludes the withdrawal of that benefit on the sole ground that the recipient resides in the territory of a Member State other than that in which the institution responsible for payment is situated.