Keywords

Summary



Keywords

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1 . SOCIAL SECURITY FOR MIGRANT WORKERS - BENEFITS - NATIONAL RULES FOR PREVENTING THE OVERLAPPING OF BENEFITS - ENTITLEMENT ARISING SOLELY UNDER NATIONAL LEGISLATION - APPLICABILITY - LIMITS - COMMUNITY RULES MORE FAVOURABLE TO WORKERS

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

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - BENEFITS - NATIONAL RULES FOR PREVENTING THE OVERLAPPING OF BENEFITS - NOT CAPABLE OF BEING RELIED UPON AS AGAINST RECIPIENTS OF BENEFITS OF THE SAME KIND CALCULATED IN ACCORDANCE WITH THE PROVISIONS OF REGULATION NO 1408/71 - BENEFITS OF THE SAME KIND - CRITERIA - PERSONAL INVALIDITY PENSION AND SURVIVOR' S PENSION - BENEFITS OF A DIFFERENT KIND

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

3 . SOCIAL SECURITY FOR MIGRANT WORKERS - BENEFITS - NATIONAL RULES FOR PREVENTING THE OVERLAPPING OF BENEFITS - CLASSIFICATION OF AN INVALIDITY PENSION GRANTED BY ONE MEMBER STATE WITH REGARD TO THE LEGISLATION OF ANOTHER MEMBER STATE - QUESTION GOVERNED BY NATIONAL LAW

4 . SOCIAL SECURITY FOR MIGRANT WORKERS - BENEFITS - NATIONAL RULES FOR PREVENTING THE OVERLAPPING OF BENEFITS - DETAILED RULES OF APPLICATION - ARTICLE 7 ( 1 ) ( B ) OF REGULATION NO 574/72 - APPLICATION TO THE OVERLAPPING OF A SURVIVOR' S PENSION WITH A PENSION OF A DIFFERENT KIND TO WHICH ENTITLEMENT WAS ACQUIRED IN ANOTHER MEMBER STATE

( REGULATION NO 574/72 OF THE COUNCIL, ART . 7*(1)*(B )*)

Summary

1 . WHEN A WORKER RECEIVES A PENSION PURSUANT TO NATIONAL LEGISLATION ALONE, THE PROVISIONS OF REGULATION NO 1408/71 DO NOT PREVENT THAT LEGISLATION FROM BEING APPLIED TO HIM IN ITS ENTIRETY, INCLUDING THE NATIONAL RULES AGAINST OVERLAPPING BENEFITS . THAT PRINCIPLE ALSO APPLIES IN THE CASE OF THE WORKER' S SURVIVORS WHO CLAIM A SURVIVOR' S PENSION . HOWEVER, IF THE APPLICATION OF NATIONAL LEGISLATION ALONE PROVES TO BE LESS FAVOURABLE TO THE WORKER THAN THE APPLICATION OF THE RULES LAID DOWN IN ARTICLE 46 OF REGULATION NO 1408/71, THE PROVISIONS OF THAT ARTICLE MUST BE APPLIED .

2 . SOCIAL SECURITY BENEFITS MUST BE REGARDED AS BEING OF THE SAME KIND, FOR THE PURPOSES OF THE FINAL SENTENCE OF ARTICLE 12*(2 ) OF REGULATION NO 1408/71, WHEN THEIR PURPOSE AND OBJECT AS WELL AS THE BASIS ON WHICH THEY ARE CALCULATED AND THE CONDITIONS FOR GRANTING THEM ARE IDENTICAL . THAT REQUIREMENT IS NOT SATISFIED WHEN THE BENEFITS ARE LINKED TO DIFFERENT INSURANCE RECORDS AND, CONSEQUENTLY, TO DIFFERENT INSURANCE PERIODS; THAT IS THE CASE WITH, ON THE ONE HAND, A PERSONAL INVALIDITY PENSION WHICH IS BASED ON THE RECIPIENT' S OWN EMPLOYMENT RECORD IN ONE MEMBER STATE AND, ON THE OTHER, A SURVIVOR' S PENSION BASED ON THE EMPLOYMENT RECORD OF THE RECIPIENT' S DECEASED HUSBAND IN ANOTHER MEMBER STATE . AS THE FINAL SENTENCE OF ARTICLE 12*(2 ) OF REGULATION NO 1408/71 IS NOT APPLICABLE, THE NATIONAL RULES FOR PREVENTING THE OVERLAPPING OF BENEFITS MAY THEREFORE, ACCORDING TO THE FIRST SENTENCE OF ARTICLE 12*(2 ), ALSO BE RELIED UPON AGAINST A PERSON RECEIVING BENEFITS UNDER THE RULES LAID DOWN IN ARTICLE 46 OF REGULATION NO 1408/71 .

3 . THE CLASSIFICATION, FOR THE PURPOSES OF THE ANTI-OVERLAPPING RULES APPLIED BY A MEMBER STATE PROVIDING A SURVIVOR' S PENSION TO WHICH THE RECIPIENT BECOMES ENTITLED UNDER THE LEGISLATION OF THAT MEMBER STATE ALONE, OF AN INVALIDITY PENSION PAID BY ANOTHER MEMBER STATE, IS NOT GOVERNED BY COMMUNITY LAW BUT BY NATIONAL LAW ALONE .

4 . THE PROVISIONS OF ARTICLE 7*(1)*(B ) OF REGULATION NO 574/72 ARE APPLICABLE TO THE OVERLAPPING OF A SURVIVOR' S PENSION TO WHICH THE RECIPIENT BECAME ENTITLED UNDER THE LEGISLATION OF A SINGLE MEMBER STATE WITH A PENSION OF A DIFFERENT KIND ( AN INVALIDITY OR OLD-AGE PENSION ) TO WHICH ENTITLEMENT WAS ACQUIRED SOLELY UNDER THE LEGISLATION OF ANOTHER MEMBER STATE IF THE APPLICATION OF THE NATIONAL LEGISLATION ALONE PROVES IN THE END TO BE LESS FAVOURABLE TO THE RECIPIENT .