Keywords
Summary

Keywords

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1 . Social security for migrant workers - Benefits - National rules against the overlapping of benefits - Right existing only under national legislation - Application - Limits - Community rules more favourable to the worker

( Regulation No 1408/71 of the Council, Arts 12(2 ) and 46(3 ) )

2 . Social security for migrant workers - Benefits - National rules against the overlapping of benefits - Not applicable to persons receiving benefits of the same kind paid under Regulation No 1408/71 - Early retirement and invalidity pensions - Treated as benefits of the same kind

( Regulation No 1408/71 of the Council, Arts 12(2 ) and 46 )

Summary

1 . Where a worker receives a pension pursuant to national legislation alone, the provisions of Regulation No 1408/71 do not preclude that legislation, including the national rules against the overlapping of benefits, from being applied to him in its entirety . If, however, the application of that national legislation is less favourable to the worker than the application of Article 46 of the said regulation, the provisions of that article must be applied . If those provisions fall to be applied, paragraph ( 3 ) of Article 46, which limits the overlapping of benefits acquired, in accordance with paragraphs ( 1 ) and ( 2 ) thereof, is applicable to the exclusion of rules against overlapping laid down in the national legislation .

2 . An early retirement pension acquired under the legislation of one Member State and an invalidity pension acquired under the legislation of another Member State are to be regarded as benefits of the same kind within the meaning of Article 12(2 ) of Regulation No 1408/71, according to which the legislative provisions of a Member State for reduction, suspension or withdrawal of benefit in cases of overlapping with other social security benefits acquired in that Member State or under the legislation of that or another Member State do not apply when the person concerned receives benefits of the same kind in respect of invalidity, old-age, death ( pensions ) or occupational disease which are awarded by the institutions of the Member State concerned, in accordance, in particular, with Article 46 of that regulation .