Keywords

Summary



Keywords

1 Social security for migrant workers - Community rules - Persons covered - Person unemployed in one Member State and in receipt of unemployment benefit under the legislation of that State - Included - Person unemployed when Regulation No 1408/71 entered into force in that Member State - No effect

(Regulation No 1408/71, Arts 1(a), 2(1) and 94(2) and (3))

2 Social security for migrant workers - Legislation applicable - Person who has ceased all occupational activity in the territory of one Member State and transferred his residence to another Member State - Legislation of the first Member State attaching a residence requirement to the right to remain subject to its legislation - Whether permissible

(Regulation No 1408/71, Art. 13(2)(f))

3 Social security for migrant workers - Family benefits - Definition - Parental benefits intended to meet the recipient's family expenses - Included

(Regulation No 1408/71, Arts 1(u)(i), and 4(1)(h))

4 Social security for migrant workers - Family benefits - Person who has ceased all occupational activity on the territory of one Member State and transferred his residence to another Member State where he lives with his family - Refusal to grant benefits pursuant to the national rules of the first Member State - Whether permissible

(Regulation No 1408/71, Arts 13(2)(f), 73 and 74)

Summary

5 Regulation No 1408/71, as amended and updated by Regulation No 2001/83, applies to a person who, on the entry into force of that regulation in a Member State, was residing in that State as an unemployed person, having previously been in employment there, and who, by reason of that employment, was receiving unemployment benefit under the social security scheme of that Member State.

6 Article 13(2)(f) of Regulation No 1408/71, as inserted by Regulation No 2195/91, does not preclude the legislation of a Member State from making the right of a person who has ceased all occupational activity in its territory to remain subject to its legislation dependent on his continued residence there.

That provision is specifically intended to govern such a situation and, to that end, in the case of a person who is no longer subject to any legislation applicable by virtue of the other provisions of Article 13(2) or of Articles 14 to 17 of Regulation No 1408/71, declares applicable to that person the legislation of the Member State in whose territory he resides.

Moreover, Article 13(2)(f) covers any situation in which the legislation of a Member State ceases to be applicable to a person, for whatever reason, and not only because the person concerned has ceased his occupational activity, be it definitively or temporarily, in a given Member State.

7 A benefit intended to enable one of the parents to devote himself or herself to the raising of a young child, and designed, more specifically, to remunerate the service of bringing up a child, to meet the other costs of caring for and raising a child and, as the case may be, to mitigate the financial disadvantages entailed in giving up income from an occupational activity, must be treated as a family benefit within the meaning of Articles 1(u)(i) and 4(1)(h) of Regulation No 1408/71.

8 Regulation No 1408/71 does not preclude the legislation of a Member State from providing that a person who has ceased all occupational activity in its territory loses the right to continue to receive family benefits paid under that legislation on the ground that he has transferred his residence to another Member State where he lives with the members of his family.

A person who has transferred his residence to another Member State where he lives with the members of his family does not fulfil the conditions either of Article 73 or of Article 74 of Regulation No 1408/71, inasmuch as neither that person nor the members of his family have ever resided in a Member State other than the one whose legislation was applicable to him. That is so in particular by reason of the fact that, under Article 13(2)(f) of Regulation No 1408/71, a person in such a situation is subject, after transferring his residence to another Member State, to the legislation of that Member State.