Keywords
Summary

Keywords

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1 . SOCIAL SECURITY FOR MIGRANT WORKERS - COMMUNITY REGULATIONS - MATTERS COVERED - SUPPLEMENTARY ALLOWANCE PAID TO RECIPIENTS OF PENSIONS BY A NATIONAL SOLIDARITY FUND - INCLUDED

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

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - BENEFITS - RESIDENCE CLAUSES - WAIVER - CLAIM TO OR RETENTION OF ENTITLEMENT TO BENEFITS PRECLUDED BECAUSE THE PERSON CONCERNED RESIDES IN ANOTHER MEMBER STATE - NOT PERMISSIBLE

( COUNCIL REGULATION NO 1408/71, ART . 10(1 )

Summary

1 . ARTICLE 4 ( 4 ) OF REGULATION NO 1408/71 MUST BE INTERPRETED AS NOT EXCLUDING FROM THE SCOPE OF THAT REGULATION A SUPPLEMENTARY ALLOWANCE PAID BY A FONDS NATIONAL DE SOLIDARITE (( NATIONAL SOLIDARITY FUND )) FINANCED FROM TAX REVENUE AND GRANTED TO THE RECIPIENTS OF OLD-AGE, SURVIVORS' OR INVALIDITY PENSIONS WITH A VIEW TO PROVIDING THEM WITH A MINIMUM MEANS OF SUBSISTENCE, PROVIDED THAT THE PERSONS CONCERNED HAVE A LEGALLY PROTECTED RIGHT TO THE GRANT OF SUCH AN ALLOWANCE .

2 . ARTICLE 10 OF REGULATION NO 1408/71 MUST BE INTERPRETED AS MEANING THAT A PERSON MAY NOT BE PRECLUDED FROM ACQUIRING OR RETAINING ENTITLEMENT TO THE BENEFITS, PENSIONS AND ALLOWANCES REFERRED TO IN THAT PROVISION ON THE SOLE GROUND THAT HE DOES NOT RESIDE WITHIN THE TERRITORY OF THE MEMBER STATE IN WHICH THE INSTITUTION RESPONSIBLE FOR PAYMENT IS SITUATED .