Keywords
Summary

Keywords

Social security for migrant workers - Special non-contributory benefits - Coordination rules set out in Article 10a of Regulation No 1408/71 - Entitlement to benefits subject to a residence requirement - Where `habitual residence' presupposes not only an intention to reside, but also completion of an appreciable period of residence - Not permissible

(Council Regulation No 1408/71, Arts 1(h) and 10a)

Summary

Article 10a of Regulation No 1408/71, as amended and updated by Regulation No 2001/83, as amended by Regulation No 1247/92, read together with Article 1(h) thereof, precludes the Member State of origin - in the case of a person who has exercised his right to freedom of movement in order to establish himself in another Member State, in which he has worked and set up his habitual residence, and who has returned to his Member State of origin, where his family lives, in order to seek work - from making entitlement to one of the benefits referred to in Article 10a of Regulation No 1408/71 conditional upon `habitual residence' in that State, which presupposes not only an intention to reside there, but also completion of an appreciable period of residence there.