Keywords
Summary

Keywords

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Social security for migrant workers - Family allowances - Community rules against overlapping benefits - Suspension of the right to benefit in the Member State of employment - Benefits due under the law of the Member State in which the members of the worker' s family reside - Person employed in a Member State who works simultaneously as a self-employed person in the Member State in which the members of his family reside - Amount of the benefits paid in the Member State of residence lower than that paid in the Member State of employment - Right to a supplementary allowance

( Regulation No 1408/71, Arts 73 and 76 )

Summary

Article 76 of Regulation No 1408/71 of the Council must be interpreted as meaning that, where the worker is engaging simultaneously in a secondary activity as a self-employed person in the Member State in which his family resides and in an activity as an employed person in the territory of another Member State, the right to family allowances payable by the Member State of employment under Article 73 of that regulation is suspended only up to the amount of allowances of the same kind actually paid in the Member State in whose territory the worker' s family resides . If the amount of the family allowances actually received in the Member State of residence is lower than the amount of the allowances provided for under the legislation of the other Member State, the worker is entitled to a supplementary allowance equal to the difference between the two amounts, the cost of which is to be borne by the competent institution in the other Member State .