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Document 61983CJ0181

Sumarul hotărârii

Keywords
Summary

Keywords

SOCIAL SECURITY FOR MIGRANT WORKERS - INVALIDITY INSURANCE - CALCULATION OF BENEFITS - DETERMINATION OF THE THEORETICAL AMOUNT - AMOUNT OF BENEFITS INDEPENDENT OF THE LENGTH OF THE INSURANCE PERIODS - ARTICLE 47 ( 1 ) OF REGULATION NO 1408/71 NOT APPLICABLE

( REGULATION NO 1408/71 OF THE COUNCIL , ART . 47 ( 1 ))

Summary

THE CONTINGENCIES REFERRED TO IN ARTICLE 47 ( 1 ) OF REGULATION NO 1408/71 DO NOT COVER THE CASE OF A SCHEME OF INVALIDITY BENEFITS UNDER WHICH THE AMOUNT OF BENEFIT DOES NOT DEPEND ON THE LENGTH OF THE INSURANCE PERIODS AND WHICH , FOR THE CALCULATION OF THE LOSS OF EARNINGS , IS BASED PRIMARILY ON THE WAGE RECEIVED IN THE OCCUPATION USUALLY CARRIED ON BY THE PERSON CONCERNED , AND FOR THAT PURPOSE TAKES ACCOUNT EITHER OF THE FIXED SALARY LAST RECEIVED BY THE PERSON CONCERNED IN THAT OCCUPATION BEFORE HE BECAME INCAPACITATED FOR WORK , OR OF THE AVERAGE WAGE RECEIVED BY HIM OVER A CERTAIN NUMBER OF DAYS ( WHICH MUST NOT FALL MORE THAN TWO YEARS BEFORE HE BECAME INCAPACITATED FOR WORK ).

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