Keywords
Summary

Keywords

Social security for migrant workers - Insurance in respect of old age and death - Benefits - Adjustment - Recalculation of the share of an old-age pension paid, pursuant to national legislation, to a separated spouse in the event of the invalidity benefit drawn by the person concerned being altered under the legislation of another Member State - Not permissible

(Council Regulation No 1408/71, Arts 3(1), 46 and 51(1))

Summary

Articles 46 and 51(1) of Regulation No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, as amended and updated by Regulation No 2001/83, must be interpreted as precluding the share of an employed person's old-age pension granted to that person's separated spouse under the legislation of a Member State from being recalculated downwards by reference to alterations arising from general economic and social developments in an invalidity benefit received by that separated spouse under the legislation of another Member State.

Article 51(1) applies not only where the benefit to be reduced due to index-linked increases in another benefit has been calculated according to Article 46, but also where it has been calculated in accordance with national provisions.

Moreover, since the benefit granted to a separated spouse does not form part of a scheme designed to offset the inadequacy of the recipient's resources so as to allow that person a guaranteed statutory minimum, the application of Article 51(1) does not cause any disruption in the functioning of such a scheme.

Finally, the application of Article 51(1) is not precluded by Article 3(1) of Regulation No 1408/71 on the ground that it might confer an advantage on a recipient whose benefit cannot be recalculated, since the latter provision is not intended to establish equality of treatment between spouses, nor does it preclude the application of national legislation treating non-migrant workers less favourably than migrant workers.