Keywords
Summary

Keywords

1 . SOCIAL SECURITY FOR MIGRANT WORKERS - CLAIMS , DECLARATIONS OR APPEALS - SUBMISSION IN A MEMBER STATE OTHER THAN THE COMPETENT STATE - EFFECTS - IRREGULAR RESIDENCE OF THE PERSON CONCERNED IN THE STATE WHERE THE CLAIM WAS SUBMITTED - NO EFFECT

( REGULATION NO 4 OF THE COUNCIL , ART . 83 )

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - BENEFITS - RESIDENCE CLAUSES - WAIVER - APPLICATION TO INVALIDITY BENEFITS

( REGULATION NO 3 OF THE COUNCIL , ART . 10 ( 1 ))

Summary

1 . ARTICLE 83 OF REGULATION NO 4 MUST BE INTERPRETED AS MEANING THAT THE SUBMISSION OF A CLAIM TO AN AUTHORITY , INSTITUTION OR AGENCY OF A MEMBER STATE OTHER THAN THE MEMBER STATE CALLED UPON TO PAY THE BENEFIT HAS THE SAME EFFECT AS IF THAT CLAIM HAD BEEN SUBMITTED DIRECT TO THE COMPETENT AUTHORITY OF THE LATTER STATE . MOREOVER , SUCH AN INTERPRETATION IS IN KEEPING WITH THE SCHEME OF REGULATION NO 4 , WHICH ON THAT POINT SEEKS SIMPLY TO AVOID THE LOSS OF RIGHTS BY MIGRANT WORKERS OWING TO MERE ADMINISTRATIVE FORMALITIES . IT FOLLOWS THAT ARTICLE 83 OF REGULATION NO 4 DOES NOT CONCERN THE SUBSTANTIVE RULES APPLICABLE IN THE MATTER . THE FACT THAT THE RESIDENCE OF THE PERSON CONCERNED IN THE STATE WHERE SHE SUBMITTED HER CLAIM WAS IRREGULAR UNDER THE LEGISLATION OF THE STATE OF THE COMPETENT AUTHORITY IN NO WAY AFFECTS THAT INTERPRETATION .

2 . ARTICLE 10 ( 1 ) OF REGULATION NO 3 MUST BE INTERPRETED AS MEANING THAT THE INSURANCE INSTITUTION OF THE COMPETENT MEMBER STATE IS NOT PERMITTED TO APPLY TO INVALIDITY BENEFITS THE PRINCIPLE OF TERRITORIALITY .