CONCERNING THE REFUSAL BY THE BELGIAN STATE TO GRANT THE PLAINTIFF IN THE NATIONAL PROCEEDINGS - A PERSON OF FRENCH NATIONALITY MARRIED TO A BELGIAN AND RESIDING IN BELGIUM - THE BENEFIT OF THE BELGIAN LAW OF 27 JUNE 1969 RELATING TO THE GRANT OF BENEFITS TO HANDICAPPED PERSONS, ON THE GROUNDS THAT THE PARTY INTERESTED DOES NOT FULFIL ALL THE CONDITIONS FOR ENTITLEMENT IMPOSED BY THAT LAW AS WELL AS BY THE EUROPEAN INTERIM AGREEMENT OF 11 DECEMBER 1953 ON SOCIAL SECURITY SCHEMES IN RESPECT OF OLD AGE, INVALIDITY AND SURVIVORS .
3 THE FIRST QUESTION ASKS WHETHER THE ADVANTAGES REFERRED TO BY ARTICLE 4 OF REGULATION NO 1408/71 OF THE COUNCIL INCLUDE MEASURES PROVIDED BY A NATIONAL LAW GRANTING BENEFITS TO HANDICAPPED PERSONS INSOFAR AS THESE MEASURES CONCERN WORKERS .
4 UNDER THE PROVISIONS OF ARTICLE 4 ( 1 ) THEREOF, REGULATION NO 1408/71 APPLIES TO ALL LEGISLATION CONCERNING BRANCHES OF SOCIAL SECURITY AS DEFINED BY THAT PROVISION .
5 ON THE OTHER HAND PARAGRAPH 4 OF THE SAME ARTICLE PROVIDES THAT THE REGULATION DOES NOT APPLY TO 'SOCIAL AND MEDICAL ASSISTANCE '.
6 ALTHOUGH IT MAY APPEAR DESIRABLE, FROM THE POINT OF VIEW OF THE APPLICATION OF THE REGULATION, TO DRAW A CLEAR DISTINCTION BETWEEN LEGISLATION CONCERNING SOCIAL SECURITY ON THE ONE HAND AND ASSISTANCE ON THE OTHER, THE POSSIBILITY CANNOT BE EXCLUDED THAT SOME LAWS MAY FALL WITHIN BOTH THESE CATEGORIES, BECAUSE OF THE CLASS OF PERSONS TO WHOM THEY APPLY, OF THEIR OBJECTIVES AND OF THEIR MANNER OF APPLICATION, AND THUS NOT BE AMENABLE TO ANY OVERALL CLASSIFICATION .
7 WHILST IN SOME OF ITS FEATURES, LEGISLATION CONCERNING THE GRANT OF BENEFITS TO HANDICAPPED PERSONS IS AKIN TO SOCIAL ASSISTANCE, ESPECIALLY WHEN NEED IS THE ESSENTIAL CRITERION IN ITS IMPLEMENTATION AND THERE ARE NO CONDITIONS AS TO PERIODS OF EMPLOYMENT, OF MEMBERSHIP OR OF CONTRIBUTIONS, YET IT IS NEVERTHELESS CLOSE TO SOCIAL SECURITY TO THE EXTENT THAT, DEPARTING FROM THE CONSIDERATION OF EACH CASE ON ITS MERITS - A CHARACTERISTIC FEATURE OF ASSISTANCE - IT CONFERS UPON BENEFICIARIES A LEGALLY DEFINED POSITION .
8 IN VIEW OF THE WIDELY-DRAWN DEFINITION OF PEOPLE ENTITLED TO BENEFIT, SUCH A LEGISLATION FULFILS IN FACT A DOUBLE FUNCTION, WHICH IS ON THE ONE HAND TO GUARANTEE A MINIMUM INCOME TO HANDICAPPED PERSONS WHO ARE ENTIRELY OUTSIDE THE SOCIAL SECURITY SYSTEM AND, ON THE OTHER HAND, TO PROVIDE SUPPLEMENTARY MEANS TO PERSONS ENTITLED TO SOCIAL SECURITY BENEFITS WHO ARE PERMANENTLY INCAPACITATED FROM WORK .
9 UNDER THE PROVISIONS OF ARTICLE 4 ( 1 ) ( B ) THEREOF, REGULATION NO 1408/71 APPLIES TO 'INVALIDITY BENEFITS, INCLUDING THOSE INTENDED FOR THE MAINTENANCE OR IMPROVEMENT OF EARNING CAPACITY '.
10 UNDER ARTICLE 1 ( T ) OF THE SAME REGULATION, THE EXPRESSION 'BENEFITS' MUST BE UNDERSTOOD IN THE WIDEST POSSIBLE SENSE AS REFERRING TO ALL BENEFITS 'INCLUDING ALL ELEMENTS THEREOF PAYABLE OUT OF PUBLIC FUNDS, REVALORIZATION INCREASES AND SUPPLEMENTARY ALLOWANCES, SUBJECT TO THE PROVISIONS OF TITLE III '.
11 THUS, AS REGARDS