Keywords
Summary

Keywords

1. Social security for migrant workers - Equal treatment - Imposition of a residence condition for the grant of certain childbirth allowances not covered by the term family allowances within the meaning of Regulation No 1408/71 - Whether permissible - Imposition of a residence condition for the grant of a maternity allowance not falling under the special non-contributory benefit system - Not permissible

(EC Treaty, Arts 48 and 51 (now, after amendment, Arts 39 EC and 42 EC); Council Regulation No 1408/71, Art. 1(u)(i) and 10a, annexes II and IIa)

2. Social security for migrant workers - Family benefits - Pensioners - Benefits payable by a Member State to a pensioner residing in the territory of another Member State - Limited to family allowances within the meaning of Article 1(u)(ii) of Regulation No 1408/71

(Council Regulation No 1408/71, Arts 1(u)(ii) and 77)

3. Social security for migrant workers - Family benefits - Pensioners - Benefits payable by a Member State to a pensioner residing in the territory of another Member State - Excluded from entitlement to family benefits other than those referred to in Article 77 of Regulation No 1408/71

(Council Regulation No 1408/71, Arts 73 and 77)

4. Freedom of movement for persons - Workers - Equal treatment - Social advantages - Person receiving an invalidity pension residing in a Member State other than the State providing his pension - Benefit of rights attaching to the status of worker only if they derive from previous professional activity

(Council Regulation No 1612/68. Art. 7)

Summary

1. Article 1(u)(i) of and Annex II to Regulation No 1408/71, as amended and updated by Regulation No 118/97, which exclude certain special childbirth and adoption allowances from family allowances within the meaning of Regulation No 1408/71, are not contrary to Articles 48 and 51 of the Treaty (now, after amendment, Articles 39 EC and 42 EC) in so far as they permit the imposition of a residence condition for the grant of Luxembourg antenatal and childbirth allowances.

However, Annex IIa to Regulation No 1408/71, as amended and updated by Regulation No 118/97, is invalid in so far as the Luxembourg maternity allowance appears in point I. Luxembourg (b) thereof. The inclusion in that provision of that allowance as a special non-contributory benefit paid exclusively in the territory of the Member State of residence, pursuant to Article 10a of Regulation No 1408/71, is contrary to Articles 48 and 51 of the Treaty. Accordingly, the grant of that benefit cannot be subject to a residence clause.

( see paras 30, 37-38 and operative part 1-2 )

2. An allowance such as the Luxembourg child-raising allowance is not one of the family allowances which, pursuant to Article 77 of Regulation No 1408/71, as amended and updated by Regulation No 118/97, are to be paid to persons receiving pensions for old age, invalidity or an accident at work or occupational disease, irrespective of the Member State in whose territory they are residing. That allowance does not correspond to the definition of family allowances in Article 1(u)(ii) of Regulation No 1408/71, because its amount is fixed irrespective of the number of children raised in the same home.

( see paras 43-44 and operative part 3 )

3. A person receiving an invalidity pension who resides outside the Member State providing his pension cannot derive from Article 73 of Regulation No 1408/71, as amended and updated by Regulation No 118/97, a right to family benefits other than the family allowances referred to in Article 77 of that regulation.

( see para 51 and operative part 4 )

4. A person receiving an invalidity pension who resides in a Member State other than the State providing his pension is not a worker within the meaning of Article 7 of Regulation No 1612/68 on freedom of movement for workers within the Community and does not enjoy rights attaching to that status unless they derive from his previous professional activity.

( see para 61 and operative part 5 )