PROVIDING THE AUTHORIZATION REQUESTED , INQUIRE WHETHER THE INSTITUTION OF THE MEMBER STATE TO WHICH THE PERSON CONCERNED WISHES TO GO IN ORDER TO UNDERGO THE TREATMENT WOULD PROVIDE SUCH TREATMENT AS A BENEFIT IN KIND FOR THE PERSON CONCERNED IF HE WERE INSURED IN PURSUANCE OF THE LEGISLATION ADMINISTERED BY THAT INSTITUTION?
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3IN THE FIRST QUESTION THE NATIONAL COURT SEEKS ESSENTIALLY TO ASCERTAIN WHETHER THE PROVISIONS OF ARTICLE 22 OF REGULATION NO 1408/71 , GOVERNING THE RIGHT OF A ' ' WORKER ' ' TO BENEFITS IN KIND , ALSO COVER A PENSIONER ' ' WHO IS NOT , OR IS NO LONGER , AT WORK ' ' AND WHO ASKS THE COMPETENT INSTITUTION FOR AUTHORIZATION TO GO TO A MEMBER STATE OTHER THAN THE ONE WHERE HE RESIDES TO RECEIVE THERE THE TREATMENT APPROPRIATE TO HIS STATE OF HEALTH .
4ARTICLE 1 ( A ) OF REGULATION NO 1408/71 DEFINES THE CONCEPT OF ' ' WORKER ' ' AS ANY PERSON WHO IS COMPULSORILY OR VOLUNTARILY INSURED UNDER ONE OF THE SOCIAL SECURITY SCHEMES REFERRED TO IN SUBPARAGRAPHS ( I ), ( II ) OR ( III ) OF THAT PROVISION . LAID DOWN ' ' FOR THE PURPOSE OF THIS REGULATION ' ' , SUCH A DEFINITION HAS A GENERAL SCOPE , AND IN THE LIGHT OF THAT CONSIDERATION COVERS ANY PERSON WHO HAS THE CAPACITY OF A PERSON INSURED UNDER THE SOCIAL SECURITY LEGISLATION OF ONE OR MORE MEMBER STATES , WHETHER OR NOT HE PURSUES A PROFESSIONAL OR TRADE ACTIVITY . IT FOLLOWS THAT , EVEN IF THEY DO NOT PURSUE A PROFESSIONAL OR TRADE ACTIVITY , PENSIONERS ENTITLED TO DRAW PENSIONS UNDER THE LEGISLATION OF ONE OR MORE MEMBER STATES COME WITHIN THE PROVISIONS OF THE REGULATION CONCERNING ' ' WORKERS ' ' BY VIRTUE OF THEIR INSURANCE UNDER A SOCIAL SECURITY SCHEME , UNLESS THEY ARE SUBJECT TO SPECIAL PROVISIONS LAID DOWN REGARDING THEM .
5ARTICLES 27 TO 33 IN TITLE III , CHAPTER 1 , SECTION 5 OF REGULATION NO 1408/71 LAY DOWN SPECIAL PROVISIONS CONCERNING ' ' PENSIONERS AND MEMBERS OF THEIR FAMILIES ' ' . BY VIRTUE OF ARTICLE 34 , THESE PROVISIONS APPLY EXCLUSIVELY TO PENSIONERS WHO ARE ENTITLED TO BENEFITS IN KIND OTHERWISE THAN AS A RESULT OF PURSUING A PROFESSIONAL OR TRADE ACTIVITY , THUS COVERING INACTIVE PENSIONERS .
6HOWEVER , ARTICLE 31 OF THESE PROVISIONS GOVERNS THE ENTITLEMENT OF SUCH INSURED PERSONS TO BENEFITS IN KIND WHERE THOSE BENEFITS BECOME NECESSARY DURING A STAY IN A MEMBER STATE OTHER THAN THE ONE IN WHICH THEY RESIDE . ON THE OTHER HAND , THE ENTITLEMENT TO BENEFITS IN KIND OF AN INSURED PERSON WHO RESIDES IN ONE MEMBER STATE AND ASKS THE COMPETENT INSTITUTION FOR AUTHORIZATION TO GO TO THE TERRITORY OF ANOTHER MEMBER STATE TO RECEIVE THERE THE TREATMENT APPROPRIATE TO HIS CONDITION IS GOVERNED BY ARTICLE 22 ( 1 ) ( C ) IN THE SAME CHAPTER .
7BY THE REFERENCE TO A