AS A SOCIAL SECURITY BENEFIT COVERED BY THE REGULATION DOES NOT DEPEND UPON THE MANNER IN WHICH THE ALLOWANCE IS FINANCED .
8 IT SHOULD FURTHER BE OBSERVED THAT, BY VIRTUE OF ARTICLE 1 ( T ) OF THE REGULATION, THE CONCEPT OF BENEFIT COMPREHENDS, "REVALORIZATION INCREASES AND SUPPLEMENTARY ALLOWANCES ". SOCIAL ASSISTANCE MEASURES, ON THE OTHER HAND, ARE EXCLUDED FROM THE SCOPE OF THE REGULATION BY VIRTUE OF ARTICLE 4 ( 4 ).
9 IN ITS JUDGMENT OF 9 OCTOBER 1974 ( CASE 24/74 BIASON (( 1974 )) ECR 999 ), THE COURT TOOK THE VIEW THAT, WHILST IT MAY SEEM DESIRABLE FROM THE POINT OF VIEW OF APPLYING THE COMMUNITY REGULATIONS ON SOCIAL SECURITY, TO ESTABLISH A CLEAR DISTINCTION BETWEEN LEGISLATIVE SCHEMES THAT FALL RESPECTIVELY WITHIN SOCIAL SECURITY AND ASSISTANCE, THE POSSIBILITY CANNOT BE EXCLUDED THAT BY REASON OF THE PERSONS COVERED, ITS OBJECTIVES AND ITS METHODS OF APPLICATION, NATIONAL LEGISLATION MAY, AT ONE AND THE SAME TIME, HAVE LINKS TO BOTH THOSE CATEGORIES .
10 THOSE CONSIDERATIONS APPLY TO THE PRESENT CASE . LEGISLATION OF THE TYPE WITH WHICH THE REQUEST FOR A PRELIMINARY RULING IS CONCERNED IN FACT FULFILS A DUAL FUNCTION, IN SO FAR AS, IN THE FIRST PLACE, IT GUARANTEES A MINIMUM MEANS OF SUBSISTENCE TO PERSONS IN NEED AND, IN THE SECOND PLACE, IT PROVIDES ADDITIONAL INCOME FOR THE RECIPIENTS OF SOCIAL SECURITY BENEFITS WHICH ARE INADEQUATE .
11 IN SO FAR AS SUCH LEGISLATION CONFERS A RIGHT TO SUPPLEMENTARY BENEFITS DESIGNED TO INCREASE THE AMOUNT OF PENSIONS PAID BY WAY OF SOCIAL SECURITY, WITHOUT ANY ASSESSMENT OF INDIVIDUAL NEEDS OR CIRCUMSTANCES, WHICH IS A CHARACTERISTIC OF ASSISTANCE, IT COMES WITHIN THE SOCIAL SECURITY SCHEME WITHIN THE MEANING OF REGULATION NO 1408/71 . THE FACT THAT A SINGLE LAW MAY ALSO PROVIDE FOR ADVANTAGES WHICH CAN BE CLASSIFIED AS ASSISTANCE CANNOT ALTER, FOR THE PURPOSES OF COMMUNITY LAW, THE INTRINSIC SOCIAL SECURITY CHARACTER OF A BENEFIT LINKED TO AN INVALIDITY, OLD-AGE OR SURVIVOR' S PENSION TO WHICH IT IS AN AUTOMATIC SUPPLEMENT .
12 ACCORDINGLY, THE ANSWER TO THE FIRST QUESTION MUST BE THAT ARTICLE 4 ( 4 ) OF REGULATION NO 1408/71 MUST BE INTERPRETED AS NOT EXCLUDING FROM THE MATTERS COVERED BY THAT REGULATION A SUPPLEMENTARY ALLOWANCE PAID BY A FONDS NATIONAL DE SOLIDARITE FINANCED FROM TAX REVENUE AND GRANTED TO THE RECIPIENTS OF OLD-AGE, SURVIVORS' OR INVALIDITY PENSIONS WITH A VIEW TO PROVIDING THEM WITH A MINIMUM MEANS OF SUBSISTENCE, PROVIDED THAT THE PERSONS CONCERNED HAVE A LEGALLY PROTECTED RIGHT TO THE GRANT OF SUCH AN ALLOWANCE .
THE SECOND QUESTION
13 ARTICLE 10 ( 1 ) OF REGULATION NO 1408/71 PROVIDES THAT CASH BENEFITS, PENSIONS AND GRANTS "ACQUIRED" UNDER THE LEGISLATION OF SEVERAL MEMBER STATES ARE NOT TO BE SUBJECT TO ANY REDUCTION BY REASON OF THE FACT THAT THE RECIPIENT RESIDES IN THE TERRITORY OF A MEMBER STATE OTHER THAN THAT IN WHICH THE INSTITUTION RESPONSIBLE FOR PAYMENT IS SITUATED .
14 IN ITS JUDGMENT OF 7 NOVEMBER