Keywords
Summary

Keywords

Social security for migrant workers Community rules Material scope Payment of advances on maintenance payments to minor children Included Condition concerning the recipient's nationality Not permissible

(Council Regulation No 1408/71, Arts 1(u)(i), 3 and 4(1)(h))

Summary

$$The expression to meet family expenses in Article 1(u)(i) of Regulation No 1408/71 is to be interpreted as referring, in particular, to a public contribution to a family's budget to alleviate the financial burdens involved in the maintenance (Unterhalt) of children.

The method by which a benefit is financed does not affect its classification as a social security benefit. It does not matter by what legal mechanism the Member State implements the benefit. Consequently, the fact that the public contribution takes the form of advances on maintenance paid by a public fund in the place of the defaulting debtor is of no consequence.

It follows that a benefit such as the advances on maintenance payments provided for by the Österreichische Bundesgesetz über die Gewährung von Vorschüssen auf den Unterhalt von Kindern (Unterhaltsvorschußgesetz) (Federal Austrian Law on the Grant of Advances for the Maintenance of Children) constitutes a family benefit within the meaning of Article 4(1)(h) of Regulation No 1408/71. Consequently, persons residing in the territory of a Member State to which the provisions of that regulation apply are entitled, in accordance with the principle of equal treatment of a State's nationals and the nationals of other Member States in matters of social security set out in Article 3 of that regulation, to receive such a benefit under the legislation of that Member State on the same conditions as that State's nationals.

( see paras 41, 46-47, 49 and operative part )