Opinion of the Advocate General — ECLI:EU:C:2011:159
Date: 2011-03-17
Language of the case: English
Subject matter: Social security for migrant workers
Procedure: Reference for a preliminary ruling
Origin: United Kingdom

Summary of the Judgment 1. Social security for migrant workers – European Union legislation – Matters covered – Short-term incapacity benefit in youth – Inclusion as an invalidity benefit and not as a sickness benefit (Council Regulation No 1408/71, Art. 4(1)(b)) 2. Social security for migrant workers – Benefits – Residence clauses – Waiver – Condition of residence for the award of a short-term incapacity benefit in youth (Council Regulation No 1408/71, Art. 10(1), first subpara.) 3. Citizenship of the European Union – Right to move and reside freely in the territory of the Member States – Social advantages – Short-term incapacity benefit in youth (Art. 21(1), TFEU) 1. Short-term incapacity benefit in youth is an invalidity benefit within the meaning of Article 4(1)(b) of Regulation No 1408/71, in the version amended and updated by Regulation No 118/97, as amended by Regulation No 647/2005, if it is clear that, on the date on which the claim is made, the claimant has a permanent or long-term disability. In such a situation, that benefit relates directly to the risk of invalidity referred to in that provision. (see paras 53-54, operative part1) 2. The first subparagraph of Article 10(1) of Regulation No 1408/71, in the version amended and updated by Regulation No 118/97, as amended by Regulation No 647/2005, precludes a Member State from making the award of short-term incapacity benefit in youth, which is regarded as an invalidity benefit, subject to a condition of ordinary residence by the claimant in that State. (see para. 70, operative part 2) 3. Article 21(1) TFEU precludes a Member State from making the award of short-term incapacity benefit in youth subject: – to a condition of past presence of the claimant in that State to the exclusion of any other element enabling the existence of a genuine link between the claimant and that Member State to be established, or – to a condition of presence of the claimant in that State on the date on which the claim is made. (see paras 104, 109-110, operative part 2)