THE CASE OF SCHEMES UNDER WHICH THE COMPLETION OF SUCH PERIODS IS A CONDITION FOR THE GRANT OF BENEFITS OR IS A CONDITION OF ELIGIBILITY TO RECEIVE THEM . IT IS WELL-ESTABLISHED THAT UNDER BELGIAN LAW RESIDENCE IS NEITHER A CONDITION OF ENTITLEMENT TO RECEIVE BENEFITS NOR A CONDITION OF ELIGIBILITY . INASMUCH AS A PERIOD OF RESIDENCE CANNOT HAVE THAT FUNCTION UNDER BELGIAN LEGISLATION IT IS NOT NECESSARY TO HAVE REGARD TO THAT CONDITION IN APPLYING ARTICLE 48 ( 1 ).
7 THE SECOND PART OF THE QUESTION CONCERNS THE INTERPRETATION OF THE PARAGRAPH CITED ABOVE IN THE CASE OF A WORKER WHO , AS IN THIS CASE , HAS NOT COMPLETED ONE YEAR ' S INSURANCE OR RESIDENCE , BUT WHO NEVERTHELESS HAS COMPLETED THE QUALIFYING PERIOD REQUIRED BY NATIONAL LAW FOR ENTITLEMENT TO BENEFITS .
8 ARTICLE 48 ( 1 ) PROVIDES THAT THE COMPETENT INSTITUTION OF A MEMBER STATE IS NOT BOUND TO AWARD INVALIDITY BENEFITS TO A MIGRANT WORKER WHEN TWO CONDITIONS ARE SATISFIED , THE CONDITIONS BEING THAT THE TOTAL LENGTH OF THE PERIODS OF INSURANCE COMPLETED UNDER THE LEGISLATION OF A MEMBER STATE DOES NOT AMOUNT TO ONE YEAR , AND THAT UNDER THAT LEGISLATION NO RIGHT TO BENEFIT IS ACQUIRED BY VIRTUE ONLY OF THOSE PERIODS .
9 IT IS COMMON GROUND THAT THE TOTAL DURATION OF THE PERIODS OF INSURANCE COMPLETED BY MR MALFITANO UNDER BELGIAN LEGISLATION IS LESS THAN ONE YEAR . ACCORDINGLY , IT IS FOR THE TRIBUNAL DU TRAVAIL TO ASCERTAIN WHETHER MR MALFITANO IS ENTITLED TO BENEFITS BY VIRTUE OF THE BELGIAN LEGISLATION : IF HE IS , THE COMPETENT INSTITUTION IS BOUND TO AWARD HIM BENEFITS CALCULATED IN ACCORDANCE WITH THE REGULATION .
10 AS TO THAT , THE BELGIAN INSTITUTION HAS SUBMITTED THAT WHETHER OR NOT A WORKER IS ENTITLED TO BENEFITS BY VIRTUE OF THE BELGIAN LEGISLATION IS A QUESTION WHICH MUST BE DETERMINED AT THE TIME AT WHICH THE RISK MATERIALIZED . IN PARTICULAR , IT ARGUES THAT THE WORKER MUST , WITHIN THE SIX MONTHS PRECEDING THE MATERIALIZATION OF THE RISK , HAVE COMPLETED A PERIOD OF INSURANCE WITHIN WHICH HE CAN SHOW THAT HE WORKED , OR IS DEEMED TO HAVE WORKED , AT LEAST 120 DAYS , AND MUST NOT HAVE CEASED TO BE A PERSON COMPULSORILY INSURED WITHIN THE MEANING OF THE BELGIAN LEGISLATION FOR A PERIOD OF MORE THAN ONE MONTH PRIOR TO THE DATE ON WHICH HE BECAME UNFIT FOR WORK . MR MALFITANO , IT SUBMITS , DID SATISFY THOSE CONDITIONS ONCE , BUT CEASED TO SATISFY THEM EVEN PRIOR TO HIS DEPARTURE FROM BELGIUM OWING TO THE FACT THAT THERE WAS A PERIOD DURING WHICH HE WAS NOT INSURED .
11 IT IS NOT FOR THE COURT OF JUSTICE TO INTERPRET NATIONAL LEGISLATION OR TO APPLY IT TO AN INDIVIDUAL CASE . IN ORDER TO GIVE A USEFUL REPLY TO THE QUESTION PUT BY THE NATIONAL COURT , WHICH MUST DETERMINE WHETHER OR NOT MR