Opinion of the Advocate General — ECLI:EU:C:1998:86
Date: 1998-03-05
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Social security for migrant workers
Procedure: Reference for a preliminary ruling
Origin: United Kingdom

Summary of the Judgment
Social security for migrant workers — Special non-contributory benefits — System of coordina­
tion provided for under Article 10a of Regulation No 1408/71 — Scope — Non-contributory and
non-means tested disability benefit — Benefit mentioned in Annex Ha to Regulation No 1408/71
— Included
(Council Regulation No 1408/71, Arts 4(2a) and 10a and Annex Ha, Section L(f), and Council
Regulation No 1247/92)
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SUMMARY — CASE C-297/96
On a proper construction of Article 10a of
Regulation No 1408/71, as amended and
updated by Regulation No 2001/83, as
subsequently amended by Regulation
No 1247/92, read in conjunction with
Annex Ila, a non-contributory and non-
means tested disability benefit which is men­
tioned in Annex IIa, such as attendance
allowance in the United Kingdom, falls
within the scope of that provision and is
therefore a special non-contributory benefit
within the meaning of Article 4(2a) of that
regulation, with the result that the position
of a person who satisfied the conditions for
the award of that benefit after 1 June 1992
when Regulation No 1247/92 entered into
force is governed exclusively by the system
of coordination established by the said
Article 10a.
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