Keywords
Summary

Keywords

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Social security for migrant workers - Community legislation - Temporal application - Benefits determined before entry into force of Regulation No 1408/71 - Recalculation made necessary by a change in the personal circumstances of the insured person - Application of Regulation No 1408/71

( Council Regulation ( EEC ) No 1408/71, as amended by Regulation No 2001/83, Arts 94 ( 5 ) and 100 ).

Summary

The principle deriving from Article 94 ( 5 ) of Regulation No 1408/71 that the competent institution of a Member State cannot on its own initiative, in the absence of any request from the insured person, carry out a review of the rights acquired by that person prior to the entry into force of that

regulation, does not apply, by virtue of Article 100 of the regulation, to situations which automatically entail a new determination of rights to benefits .

Consequently, the recalculation of an invalidity pension awarded before the entry into force of Regulation No 1408/71, made necessary by changes in the personal circumstances of the insured person which have occurred after its entry into force, must be effected in accordance with the provisions of Regulation No 1408/71 .