AND RESIDENCE OF NATIONALS OF ANOTHER MEMBER STATE SUBJECT TO ECONOMIC CONDITIONS .
14 THE COMMISSION ALSO CONSIDERS THAT THE PRINCIPLE OF NON-DISCRIMINATION CONTAINED IN ARTICLE 3 OF REGULATION NO 1408/71 IS NOT APPLICABLE TO THIS CASE BECAUSE THE ' MINIMEX ' IS NOT A SOCIAL SECURITY BENEFIT . IT ARGUES THAT THE COURT HAS NEVER ACCEPTED THAT HYBRID BENEFITS ALWAYS FALL WITHIN THE SCOPE OF THAT REGULATION AND HAS HELD ONLY THAT THEY DO SO IN CASES WHERE THEY RELATE , IF ONLY IN A SUPPLEMENTARY MANNER , TO RISKS ACTUALLY COVERED BY THE SCHEMES LISTED IN ARTICLE 4 OF THE REGULATION . IN THIS CASE , THE SOLE PURPOSE OF THE ' MINIMEX ' IS TO PROVIDE THE LEAST WELL-OFF WITH A MINIMUM MEANS OF SUBSISTENCE ; IT DOES NOT RELATE TO ANY OF THE SPECIFIC RISKS DEFINED IN THAT ARTICLE AND THEREFORE DIFFERS FROM THE GUARANTEED INCOME FOR OLD PEOPLE WHICH WAS CONSIDERED IN THE FRILLI JUDGMENT .
15 THE COMMISSION TAKES THE VIEW THAT THE ' MINIMEX ' FALLS INSTEAD WITHIN THE CATEGORY OF SOCIAL ADVANTAGES REFERRED TO IN ARTICLE 7 OF REGULATION NO 1612/68 WHICH SHOULD NOT BE GIVEN A RESTRICTIVE MEANING BUT INCLUDES ALL ADVANTAGES , WHETHER OR NOT LINKED TO A CONTRACT OF EMPLOYMENT .
16 IN ORDER TO ANSWER QUESTION ( 1 ), IT IS NECESSARY FIRST TO EXAMINE WHETHER A BENEFIT SUCH AS THAT PROVIDED FOR BY THE BELGIAN LAW OF 7 AUGUST 1974 FALLS WITHIN THE MATERIAL SCOPE OF REGULATION NO 1408/71 AS DEFINED BY ARTICLE 4 ( 1 ) AND ( 2 ); WHETHER OR NOT IT SHOULD BE DESCRIBED AS A ' SOCIAL ADVANTAGE ' WITHIN THE MEANING OF ARTICLE 7 OF REGULATION NO 1612/68 FALLS TO BE CONSIDERED ONLY IF IT IS ESTABLISHED THAT THE BENEFIT IS NOT A SOCIAL SECURITY BENEFIT FOR THE PURPOSES OF REGULATION NO 1408/71 .
17 IT SHOULD BE POINTED OUT THAT UNDER ARTICLE 4 ( 1 ) OF REGULATION NO 1408/71 , THE REGULATION APPLIES TO ALL LEGISLATION OF THE MEMBER STATES CONCERNING THE BRANCHES OF SOCIAL SECURITY LISTED IN SUBPARAGRAPHS ( A ) TO ( H ), WHEREAS ARTICLE 4 ( 4 ) STATES THAT THE REGULATION IS NOT TO APPLY , FOR EXAMPLE , TO ' SOCIAL AND MEDICAL ASSISTANCE ' .
18 THE COURT HAS STATED IN A NUMBER OF DECISIONS THAT THE DISTINCTION BETWEEN BENEFITS WHICH ARE EXCLUDED FROM THE SCOPE OF REGULATION NO 1408/71 AND BENEFITS WHICH COME WITHIN IT RESTS ENTIRELY ON THE FACTORS RELATING TO EACH BENEFIT , IN PARTICULAR ITS PURPOSE AND THE CONDITIONS FOR ITS GRANT , AND NOT ON WHETHER THE NATIONAL LEGISLATION DESCRIBES THE BENEFIT AS A SOCIAL SECURITY BENEFIT OR NOT .
19 ALTHOUGH IT IS POSSIBLE THAT BECAUSE OF THE CLASSES OF PERSONS TO WHICH THEY APPLY , THEIR OBJECTIVES AND THE DETAILED RULES FOR THEIR APPLICATION , CERTAIN LAWS MAY SIMULTANEOUSLY CONTAIN ELEMENTS BELONGING TO BOTH OF THE CATEGORIES MENTIONED AND THUS DEFY ANY GENERAL CLASSIFICATION ,