Keywords
Summary

Keywords

1. Social security for migrant workers Community rules Material scope Benefits included and benefits excluded Distinguishing criteria Benefits under a national social security scheme covering the risk of reliance on care Included as a sickness benefit

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

2. Social security for migrant workers Sickness insurance National social security scheme covering the risk of reliance on care Sickness benefits in cash Condition that the insured person reside in the territory of the Member State where he is insured Not permissible

(Council Regulation No 1408/71, Art. 19(1))

Summary

1. A benefit may be regarded as a social security benefit in so far as it is granted, without any individual and discretionary assessment of personal needs, to recipients on the basis of a legally defined position and relates to one of the risks expressly listed in Article 4(1) of Regulation No 1408/71. That is the case with a care allowance which is granted objectively on the basis of a legally defined situation. Such benefits are essentially intended to supplement sickness insurance benefits, to which they are, moreover, linked at the organisational level, in order to improve the state of health and quality of life of persons reliant on care. In those circumstances, even if they have their own characteristics, such benefits must be regarded as sickness benefits within the meaning of Article 4(1)(a) of Regulation No 1408/71.

( see paras 25-26, 28 )

2. Article 19(1)(b) of Regulation No 1408/71 and the corresponding provisions of the other sections of Chapter 1 of Title III of that regulation preclude entitlement to a care allowance under the legislation of a Member State, which is to be regarded as a sickness benefit in cash, from being subject to the condition that the person reliant on care must be habitually resident in that State.

In accordance with those provisions, the care allowance, which is to be regarded as a sickness benefit in cash, must be provided irrespective of the Member State in which a person reliant on care, who satisfies the other conditions for receipt of the benefit, is resident.

( see paras 35-36 and operative part )