Keywords
Summary

Keywords

1 . SOCIAL SECURITY FOR MIGRANT WORKERS - COMMUNITY LEGISLATION - FIELD OF APPLICATION RATIONAE MATERIAE - BENEFITS INCLUDED AND BENEFITS EXCLUDED - DISTINCTION

( REGULATION ( EEC ) NO 1408/71 OF THE COUNCIL , ART . 4 )

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - COMMUNITY LEGISLATION - FIELD OF APPLICATION RATIONAE MATERIAE - SOCIAL AID PENSIONS - INCLUSION - CONDITIONS

( EEC TREATY , ART . 51 ; REGULATION ( EEC ) NO 1408/71 OF THE COUNCIL , ART . 4 ( 4 ))

3 . SOCIAL SECURITY FOR MIGRANT WORKERS - BENEFITS - RESIDENCE CLAUSES - WAIVER - APPLICATION TO SOCIAL AID PENSIONS WHICH MAY BE ASSIMILATED TO OLD-AGE BENEFITS

( REGULATION ( EEC ) NO 1408/71 OF THE COUNCIL , ART . 4 ( 1 ) ( C ) AND ART . 10 ( 1 ), FIRST SUBPARAGRAPH )

Summary

1 . THE FACT THAT A SOCIAL AID PENSION IS GRANTED UNDER NATIONAL LAW BY WAY OF ASSISTANCE IS NOT IN ITSELF SUFFICIENT TO EXCLUDE THAT BENEFIT , UNDER COMMUNITY LAW , FROM THE FIELD OF APPLICATION RATIONAE MATERIAE OF REGULATION NO 1408/71 , SINCE THE DISTINCTION BETWEEN BENEFITS WHICH ARE EXLUDED FROM THE SCOPE OF THAT REGULATION AND BENEFITS WHICH COME WITHIN IT RESTS ESSENTIALLY ON THE FACTORS RELATING TO EACH BENEFIT , IN PARTICULAR ITS PURPOSE AND THE CONDITIONS FOR ITS GRANT .

2 . A SOCIAL AID PENSION WHICH , IN THE FIRST PLACE , CONFERS ON RECIPIENTS A LEGALLY DEFINED STATUS WHICH IS NOT CONDITIONAL UPON ANY DISCRETIONARY INDIVIDUAL ASSESSMENT OF THEIR PERSONAL NEEDS OR CIRCUMSTANCES , AND , SECONDLY , MAY BE PAID AS A SUPPLEMENT TO THE INCOME OF RECIPIENTS OF SOCIAL SECURITY BENEFITS , FALLS IN PRINCIPLE WITHIN THE FIELD OF SOCIAL SECURITY REFERRED TO IN ARTICLE 51 OF THE EEC TREATY AND IS NOT EXCLUDED FROM THE SCOPE OF REGULATION NO 1408/71 BY THE PROVISIONS OF ARTICLE 4 ( 4 ) THEREOF .

3 . A SOCIAL AID PENSION WHICH IS PAID ON THE BASIS OF OBJECTIVE CRITERIA TO ELDERLY NATIONALS IN ORDER TO PROVIDE THEM WITH THE MINIMUM MEANS OF SUBSISTENCE MUST BE ASSIMILATED TO AN OLD-AGE BENEFIT WITHIN THE MEANING OF ARTICLE 4 ( 1 ) ( C ) OF REGULATION NO 1408/71 AND IS INCLUDED AMONGST THE BENEFITS REFERRED TO IN THE FIRST SUBPARAGRAPH OF ARTICLE 10 ( 1 ) OF THE SAME REGULATION . SINCE THE REGULATION IN QUESTION DOES NOT CONTAIN ANY SPECIFIC PROVISIONS RELATING TO THAT PENSION , THE WAIVER OF RESIDENCE CLAUSES PROVIDED FOR IN ARTICLE 10 ( 1 ) OF THAT REGULATION MUST BE TAKEN TO APPLY TO THE BENEFIT IN QUESTION .