Keywords

Summary



Keywords

1 . SOCIAL SECURITY FOR MIGRANT WORKERS - BENEFITS - NATIONAL RULES AGAINST OVERLAPPING - NO APPLICATION TO RECIPIENTS OF BENEFITS OF THE SAME KIND PAID IN ACCORDANCE WITH THE PROVISIONS OF REGULATION NO 1408/71 - ' ' BENEFITS ' ' OF SAME KIND - CRITERIA

( REGULATION NO 1408/71 OF THE COUNCIL , ART . 12 ( 2 ))

2.SOCIAL SECURITY FOR MIGRANT WORKERS - BENEFITS - NATIONAL RULES AGAINST OVERLAPPING - NO APPLICATION TO RECIPIENTS OF BENEFITS OF THE SAME KIND PAID IN ACCORDANCE WITH THE PROVISIONS OF REGULATION NO 1408/71 - BENEFITS UNDER A GUARANTEED INCOME RETIREMENT SCHEME AND OLD-AGE BENEFITS - BENEFITS OF A DIFFERENT KIND - DISTINGUISHING CRITERIA

( REGULATION NO 1408/71 OF THE COUNCIL , ARTS 4 ( 1 ) ( C ), 12 ( 2 ) AND 46 )

3.SOCIAL SECURITY FOR MIGRANT WORKERS - BENEFITS - NATIONAL RULES AGAINST OVERLAPPING - APPLICATION UNDER ARTICLE 12 ( 2 ) OF REGULATION NO 1408/71 TO BENEFITS OF A DIFFERENT KIND - COMPATIBILITY WITH ARTICLES 48 AND 51 OF THE TREATY - CONDITIONS

( EEC TREATY , ARTS 48 AND 51 ; REGULATION NO 1408/71 OF THE COUNCIL , FIRST SENTENCE OF ART . 12 ( 2 ))

Summary

1 . SOCIAL SECURITY BENEFITS MUST BE REGARDED , IRRESPECTIVE OF CHARACTERISTICS PECULIAR TO THE VARIOUS NATIONAL LAWS , AS BEING OF THE SAME KIND WHEN THEIR PURPOSE AND OBJECT TOGETHER WITH THE BASIS ON WHICH THEY ARE CALCULATED AND THE CONDITIONS FOR GRANTING THEM ARE IDENTICAL . ON THE OTHER HAND , CHARACTERISTICS WHICH ARE PURELY FORMAL MUST NOT BE CONSIDERED RELEVANT CRITERIA FOR THE CLASSIFICATION OF THE BENEFITS .

2 . THE ESSENTIAL CHARACTERISTIC OF THE OLD-AGE BENEFITS REFERRED TO IN ARTICLES 4 ( 1 ) ( C ) AND 46 OF REGULATION NO 1408/71 LIES IN THE FACT THAT THEY ARE INTENDED TO SAFEGUARD THE MEANS OF SUBSISTENCE OF PERSONS WHO , WHEN THEY REACH A CERTAIN AGE , LEAVE THEIR EMPLOYMENT AND ARE NO LONGER REQUIRED TO HOLD THEMSELVES AVAILABLE FOR WORK AT THE EMPLOYMENT OFFICE . MOREOVER , THE SYSTEM OF AGGREGATION AND APPORTIONMENT OF THE BENEFITS PROVIDED FOR IN ARTICLE 46 IS BASED ON THE ASSUMPTION THAT THE BENEFITS ARE FINANCED AND ACQUIRED ON THE BASIS OF THE RECIPIENT ' S OWN CONTRIBUTIONS AND CALCULATED BY REFERENCE TO THE LENGTH OF TIME DURING WHICH HE HAS BEEN AFFILIATED TO THE INSURANCE SCHEME .

WHILST BENEFITS SUCH AS THOSE PAID UNDER A GUARANTEED INCOME RETIREMENT SCHEME TO WORKERS OVER 60 YEARS OF AGE WHO RETIRE ARE TO SOME EXTENT SIMILAR TO OLD-AGE BENEFITS , AS REGARDS THEIR PURPOSE AND OBJECT , WHICH IS , IN PARTICULAR , TO GUARANTEE THE MEANS OF SUBSISTENCE OF PERSONS WHO HAVE REACHED A CERTAIN AGE , THEY CLEARLY DIFFER FROM THEM IN RESPECT OF THE BASIS ON WHICH THEY ARE CALCULATED AND THE CONDITIONS FOR THEIR GRANT , REGARD BEING HAD TO THE SYSTEM OF AGGREGATION AND APPORTIONMENT WHICH FORMS THE BASIS OF REGULATION NO 1408/71 . THEY ALSO DIFFER IN SO FAR AS THEY PURSUE AN OBJECTIVE RELATED TO EMPLOYMENT POLICY , INASMUCH AS THEY HELP TO RELEASE POSTS HELD BY WORKERS WHO ARE NEAR THE AGE OF RETIREMENT FOR THE BENEFIT OF YOUNGER UNEMPLOYED PERSONS .

IT FOLLOWS THAT SUCH BENEFITS MAY NOT BE REGARDED AS BEING OF THE SAME KIND AS THE OLD-AGE BENEFITS REFERRED TO IN ARTICLE 46 OF REGULATION NO 1408/71 .

3 . THE FIRST SENTENCE OF ARTICLE 12 ( 2 ) OF REGULATION NO 1408/71 IS COMPATIBLE WITH ARTICLE 51 OF THE TREATY INASMUCH AS THAT PROVISION DOES NOT PROHIBIT THE APPLICATION OF NATIONAL RULES AGAINST OVERLAPPING IN CASES WHERE BENEFITS ARE NOT OF THE SAME KIND AS BENEFITS RECEIVED IN RESPECT OF INVALIDITY , OLD-AGE , DEATH OR OCCUPATIONAL DISEASE WITHIN THE MEANING OF REGULATION NO 1408/71 . IN SO FAR AS THOSE NATIONAL PROVISIONS AGAINST OVERLAPPING ARE APPLIED IN A MANNER WHICH IS IDENTICAL TO NATIONALS OF ALL THE MEMBER STATES WITHOUT TAKING INTO ACCOUNT THEIR NATIONALITY , THERE CAN BE NO DISCRIMINATION WITHIN THE MEANING OF ARTICLE 48 OF THE EEC TREATY .