AS WHOLLY OR PARTLY SATISFIED ; OR
( B ) REQUIRE SUCH A CONDITION TO BE WHOLLY OR PARTLY DISREGARDED ;
AND IF SO TO WHAT EXTENT?
9 THE QUESTIONS ARE RAISED BY THE DIVISIONAL COURT IN THE CONTEXT OF LEGISLATION UNDER WHICH THE RIGHT TO AN INVALIDITY PENSION IS DEPENDENT UPON ENTITLEMENT TO SICKNESS BENEFIT FOR A PERIOD OF 168 DAYS .
10 THE BRITISH LEGISLATION IN FORCE AT THE RELEVANT TIME PROVIDED THAT IN ORDER TO GAIN ENTITLEMENT TO SICKNESS BENEFIT A CLAIMANT HAD TO HAVE PAID CONTRIBUTIONS OVER A CERTAIN PERIOD AND TO HAVE MADE A CLAIM FOR BENEFIT IN THE PRESCRIBED MANNER AND WITHIN A CERTAIN PERIOD FOLLOWING THE MATERIALIZATION OF THE RISK .
11 IT IS ESTABLISHED THAT THE CLAIMANT HAD NOT PAID CONTRIBUTIONS IN GREAT BRITAIN DURING THE PRESCRIBED PERIOD AND HAD NOT SUBMITTED A CLAIM WITHIN THE PERIOD LAID DOWN .
12 IT APPEARS THAT , UNDER THE PROVISIONS OF THE LEGISLATION IN QUESTION , EVEN IF , HAVING PAID CONTRIBUTIONS AND SUBMITTED A CLAIM , THE CLAIMANT WAS ENTITLED TO BENEFIT , PAYMENT WOULD BE SUSPENDED DURING THE WHOLE PERIOD DURING WHICH HE WAS ABSENT FROM GREAT BRITAIN .
13 SINCE THE QUESTION RAISED MAKES NO REFERENCE TO THIS CONDITION OF RESIDENCE THE COURT MAY ASSUME THAT THE DIVISIONAL COURT CONSIDERS IT SUFFICIENT FOR THE PURPOSES OF THE REQUIREMENTS OF THE BRITISH LEGISLATION ON INVALIDITY PENSIONS THAT THE CLAIMANT BE DEEMED TO BE ENTITLED TO SICKNESS BENEFIT FOR A PERIOD OF 168 DAYS , EVEN THOUGH PAYMENT OF THAT BENEFIT WAS SUSPENDED BY VIRTUE OF THE OPERATION OF A RESIDENCE CLAUSE .
14 ARTICLE 18 OF REGULATION NO 1408/71 PROVIDES THAT ' THE COMPETENT INSTITUTION OF A MEMBER STATE WHOSE LEGISLATION ( ON SICKNESS BENEFITS ) MAKES THE ACQUISITION , RETENTION OR RECOVERY OF THE RIGHT TO BENEFITS CONDITIONAL UPON THE COMPLETION OF INSURANCE PERIODS . . . SHALL , TO THE EXTENT NECESSARY , TAKE ACCOUNT OF INSURANCE PERIODS . . . COMPLETED UNDER THE LEGISLATION OF ANY OTHER MEMBER STATE AS IF THEY WERE PERIODS COMPLETED UNDER THE LEGISLATION WHICH IT ADMINISTERS ' .
15 THEREFORE , FOR THE ACQUISITION OF THE RIGHT TO SICKNESS BENEFIT UNDER BRITISH LEGISLATION , INSURANCE PERIODS COMPLETED IN THE FEDERAL REPUBLIC OF GERMANY MUST BE TAKEN INTO ACCOUNT AS IF THEY WERE PERIODS COMPLETED UNDER BRITISH LEGISLATION .
16 HOWEVER , THE CLAIMANT , WHO AT THE RELEVANT TIME RESIDED IN THE FEDERAL REPUBLIC OF GERMANY , WAS UNABLE TO RECEIVE PAYMENT OF THE BENEFIT , SINCE ARTICLE 10 OF REGULATION NO 1408/71 , WHICH WAIVES RESIDENCE CLAUSES , DOES NOT REFER TO SICKNESS BENEFIT .
17 THE SUBMISSION OF A CLAIM FOR SICKNESS BENEFIT BY THE CLAIMANT IN THE PRESCRIBED FORM AND WITHIN THE PERIOD LAID DOWN BY BRITISH LEGISLATION WOULD THEREFORE BE PURPOSELESS .
18 ARTICLE 51 OF THE TREATY REQUIRES THE COUNCIL TO ADOPT SUCH MEASURES AS ARE NECESSARY TO PROVIDE FREEDOM OF MOVEMENT FOR WORKERS , PROVIDING FOR THE AGGREGATION