( 1 ) ( A ) OF REGULATION NO 574/72 APPLIES WHERE FAMILY BENEFITS OR FAMILY ALLOWANCES ARE DUE, IN PURSUANCE OF ARTICLE 73 OF REGULATION NO 1408/71, IN RESPECT OF A CHILD WHO, AS A MEMBER OF THE FAMILY OF ONE OF THE RECIPIENTS OF SUCH BENEFITS OR ALLOWANCES, IS A PERSON COVERED BY THE COMMUNITY LEGISLATION ON SOCIAL SECURITY FOR EMPLOYED PERSONS, WITHOUT THERE BEING ANY NEED TO ASCERTAIN WHETHER THE OTHER RECIPIENT WHO IS ALSO ENTITLED TO SUCH BENEFITS IN RESPECT OF THE SAME CHILD IS ALSO COVERED BY THAT LEGISLATION .
THE SECOND QUESTION
13 BY THE SECOND QUESTION THE SOCIAL SECURITY COMMISSIONER SEEKS IN SUBSTANCE TO DETERMINE WHETHER THE FIRST SENTENCE OF ARTICLE 10 ( 1 ) ( A ) OF REGULATION NO 574/72 APPLIES WHERE A FAMILY BENEFIT IS DUE PURSUANT TO NATIONAL LAW ALONE, WITHOUT IT BEING NECESSARY TO INVOKE ARTICLE 73 OF REGULATION NO 1408/71, IF THE COMPETENT INSTITUTION OF A MEMBER STATE WOULD IN ANY EVENT HAVE BEEN REQUIRED TO AWARD A LIKE BENEFIT IN PURSUANCE OF THE SAID ARTICLE 73 .
14 IT MUST BE POINTED OUT THAT IT FOLLOWS FROM THE WORDING OF THE FIRST SENTENCE OF ARTICLE 10 ( 1 ) ( A ) OF REGULATION NO 574/72 THAT THAT PROVISION IS APPLICABLE ONLY IF BENEFITS ARE DUE IN PURSUANCE OF ARTICLE 73 OR 74 OF REGULATION NO 1408/71 .
15 THE QUESTION THEREFORE ARISES WHETHER A BENEFIT MAY BE CONSIDERED TO BE DUE IN PURSUANCE OF ARTICLE 73 WHERE THE BENEFIT IS IN ANY EVENT DUE UNDER NATIONAL LAW ALONE .
16 THE ONLY INTERPRETATION OF NETHERLANDS LAW ADVANCED IN THESE PROCEEDINGS IS A STATEMENT BY THE SOCIALE VERZEKERINGSBANK IN AMSTERDAM, IN REPLY TO A QUESTION FROM THE BRITISH DEPARTMENT OF HEALTH AND SOCIAL SECURITY, TO THE EFFECT THAT A PERSON INSURED UNDER THE ALGEMENE KINDERBIJSLAGWET ( GENERAL LAW ON FAMILY ALLOWANCES ) IS ENTITLED UNDER THE NETHERLANDS LEGISLATION, IRRESPECTIVE OF THE APPLICATION OF THE COMMUNITY REGULATIONS, TO FAMILY ALLOWANCES IN RESPECT OF CHILDREN WHO ARE NOT LIVING WITH THE INSURED PERSON BUT ARE RESIDING IN ANOTHER MEMBER STATE . SINCE THAT INTERPRETATION HAS NOT BEEN CONTESTED IN THE COURSE OF THESE PROCEEDINGS, IN PARTICULAR BY THE NETHERLANDS GOVERNMENT, THE COURT MAY ASSUME THAT THE NETHERLANDS ALLOWANCES IN QUESTION WERE IN FACT PAID UNDER NATIONAL LAW ALONE .
17 AS THE COURT STATED IN ITS JUDGMENT OF 15 JANUARY 1986 IN CASE 41/84 PINNA V CAISSE D' ALLOCATIONS FAMILIALES DE LA SAVOIE, (( 1986 )) ECR*17, ARTICLE 51 OF THE TREATY PROVIDES FOR THE COORDINATION, NOT THE HARMONIZATION, OF THE LEGISLATION OF THE MEMBER STATES . AS A RESULT, ARTICLE 51 LEAVES IN BEING DIFFERENCES BETWEEN THE MEMBER STATES' SOCIAL SECURITY SYSTEMS AND, CONSEQUENTLY, IN THE RIGHTS OF PERSONS WORKING IN THE MEMBER STATES . IT FOLLOWS THAT SUBSTANTIVE AND PROCEDURAL DIFFERENCES BETWEEN THE SOCIAL SECURITY SYSTEMS OF INDIVIDUAL MEMBER STATES, AND HENCE IN THE RIGHTS OF PERSONS WORKING IN THE MEMBER STATES, ARE UNAFFECTED BY ARTICLE