Keywords
Summary

Keywords

1 . SOCIAL SECURITY FOR MIGRANT WORKERS - INVALIDITY - PENSION - ARTICLES 27 AND 28 OF REGULATION NO 3 - APPLICATION BY ANALOGY - BENEFITS - APPORTIONMENT - CONDITION - AGGREGATION OF INSURANCE PERIODS COMPLETED UNDER DIFFERENT LEGISLATIONS

( REGULATION NO 3 OF THE COUNCIL , ARTS . 26 ( 1 ), 27 AND 28 )

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - BENEFITS - OVERLAPPING - NATIONAL LEGISLATIONS - PROVISIONS FOR THE REDUCTION OR SUSPENSION OF BENEFIT - PRECLUSION - CONDITIONS

( REGULATION NO 3 OF THE COUNCIL , ART . 11 ( 2 ))

3 . SOCIAL SECURITY FOR MIGRANT WORKERS - BENEFITS - OVERLAPPING - NATIONAL LEGISLATIONS - APPLICATION OF A PROVISION FOR THE REDUCTION OR SUSPENSION OF BENEFIT - CALCULATION OF BENEFITS - ARTICLE 9 ( 2 ) OF REGULATION NO 4 - CONDITIONS FOR ITS APPLICATION

( REGULATION NO 4 OF THE COUNCIL , ART . 9 ( 2 ))

Summary

1 . THE APPLICATION BY ANALOGY OF ARTICLES 27 AND 28 OF REGULATION NO 3 TO THE CASES REFERRED TO IN ARTICLE 26 ( 1 ) IMPLIES THAT BENEFITS MAY ONLY BE APPORTIONED IF IT HAS BEEN NECESSARY , IN ORDER TO GIVE RISE TO ENTITLEMENT , TO AGGREGATE BEFOREHAND THE PERIODS COMPLETED UNDER DIFFERENT LEGISLATIONS .

2 . ARTICLE 11 ( 2 ) OF REGULATION NO 3 IS THE COUNTERWEIGHT TO THE ADVANTAGES WHICH REGULATIONS NOS 3 AND 4 PROCURE FOR WORKERS BY ENABLING THEM TO CLAIM THE SIMULTANEOUS APPLICATION OF THE SOCIAL SECURITY LAWS OF SEVERAL MEMBER STATES AND ITS PURPOSE IS TO PREVENT THEM FROM DERIVING FROM THAT APPLICATION ADVANTAGES WHICH THE NATIONAL LEGISLATION CONSIDERS EXCESSIVE . THEREFORE THE RESTRICTIONS REFERRED TO IN ARTICLE 11 ( 2 ) ONLY APPLY TO INSURED PERSONS IN SO FAR AS THE BENEFITS ACQUIRED BY APPLYING THOSE REGULATIONS ARE CONCERNED .

ON THE OTHER HAND REGULATION NO 3 DOES NOT PRECLUDE THE APPLICATION TO BENEFITS ACQUIRED BY VIRTUE OF NATIONAL LEGISLATION ALONE OF NATIONAL RULES AGAINST THE OVERLAPPING OF BENEFITS .

3 . ARTICLE 9 ( 2 ) OF REGULATION NO 4 APPLIES ONLY WHEN THE BENEFIT IN QUESTION HAS BEEN AWARDED THROUGH THE APPLICATION OF THE PROCESSES OF AGGREGATION AND APPORTIONMENT .