Decision No 77 of 22 February 1973 concerning the calculation of family allowances pursuant to Article 73 (2) and Article 74 (2) of Regulation (EEC) No 1408/71
Date: 1973-02-22
Institutions: Administrative Commission on Social Security for Migrant Workers, European Commission
Subjects: EU Member State, family benefit, labour mobility, residence, residential mobility, worker (EU)













EUR-Lex - 31973Y0919(05) - EN






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31973Y0919(05)

Decision No 77 of 22 February 1973 concerning the calculation of family allowances pursuant to Article 73 (2) and Article 74 (2) of Regulation (EEC) No 1408/71  


Official Journal C 075 , 19/09/1973 P. 0007 - 0007 Spanish special edition: Chapter 05 Volume 2 P. 0010  Portuguese special edition Chapter 05 Volume 2 P. 0010  





DECISION No 77  of 22 February 1973  concerning the calculation of family allowances pursuant to Article 73 (2) and Article 74 (2) of Regulation (EEC) No 1408/71  THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS;  Having regard to Article 81 (a) of Regulation (EEC) No 1408/71 under which it is made responsible for dealing with all administrative questions arising from the provisions of Regulations (EEC) Nos 1408/71 and 574/72;  Whereas Decision No 25, published in the Official Journal of the European Communities No 13 of 17 February 1961 has been rendered unvalid by the entry into force of Regulations (EEC) Nos 1408/71 and 574/72, but, taking into account the provisions of the said Regulations there are grounds for adopting a new decision;  Whereas there are grounds in particular for laying down specific procedures for the application of the principles laid down in Article 73 (2) and Article 74 (2) of Regulation (EEC) No 1408/71, wherever the legislation of the Member State or Member States other than France in which the members of the family of the worker reside provides for rules and in particular differing amounts for various categories of workers and also wherever the legislation of Member States other than France in the territory of which the children of the worker are dispersed, provides for differing amounts according to the position of the child in the family;  HAS DECIDED:        1. Wherever the legislation of the Member State or Member States other than France in which the members of the family of the worker reside provides for rules and in particular differing amounts for various categories of workers, family allowances shall be paid in accordance with the rules and the amounts which would apply if the worker pursued his professional or trade activity in the State wherein the members of his family reside. 2. Wherever the legislation of the Member States other than France in the territory of which the children of the worker are dispersed provides for differing amounts according to the position in the family of the child, the institution of each of those States shall pay the family allowances in respect of the children residing in its territory as if all the children were living in that State.  3. This Decision shall be published in the Official Journal of the European Communities. It shall apply to the six Founder Member States as from 1 October 1972 and, in accordance with the Treaty of Accession, as from 1 April 1973 for the three new Member States.       The President of the Administrative Commission  J. DONIS