FOR BENEFITS MAY ACTUALLY BE SATISFIED BY THE APPLICATION OF THE LEGISLATION OF TWO OR MORE MEMBER STATES . AS THE COMMISSION HAS PROPERLY STRESSED , GIVING ARTICLE 8 A WIDER APPLICATION MIGHT INDEED , IN CASES SUCH AS THE PRESENT , RESULT IN THE PERSON CONCERNED RECEIVING NO ALLOWANCE AT ALL . IT WOULD BE CONTRARY TO THE OBJECTIVES OF THE REGULATIONS WERE A RULE AGAINST OVERLAPPING OF BENEFITS TO PRODUCE SUCH A RESULT . THE SAME CONSIDERATIONS AND , ESPECIALLY , THE WORDING OF THE SAID ARTICLE 12 OF REGULATION NO 1408/71 FAVOUR ALTERNATIVE ( A ) OF THE FOURTH QUESTION , WHICH CONCERNS THE PROBLEM RAISED BY THE DIFFERENT PERIODS OF BENEFIT PROVIDED FOR BY THE LEGISLATION OF THE VARIOUS MEMBER STATES . IT IS TRUE THAT THAT ALTERNATIVE MIGHT HAVE THE RESULT THAT A PERSON WHO HAS EXHAUSTED THE MAXIMUM ENTITLEMENT AWARDED BY THE STATE OF THE CONFINEMENT MAY BENEFIT FOR AN ADDITIONAL PERIOD FROM BENEFITS AWARDED BY OTHER LEGISLATION TO WHICH SHE HAS BEEN SUBJECT AND WHICH , FOR REASONS OF THE WELFARE OF THE MOTHER AND CHILD , ALLOWS A LONGER PERIOD OF LEAVE FROM WORK . HOWEVER , SUCH A RESULT MAY NOT BE DESCRIBED AS AN ' ' UNJUSTIFIED OVERLAPPING ' ' AND , IN THE ABSENCE OF AN EXPRESS PROVISION TO THAT EFFECT , IT MAY HARDLY BE PRESUMED THAT IT IS EXCLUDED BY ARTICLE 8 OF REGULATION NO 574/72 .
18 THE ANSWER TO THE SECOND AND FOURTH QUESTIONS SHOULD THEREFORE BE THAT ARTICLE 8 OF REGULATION NO 574/72 MUST BE INTERPRETED AS APPLYING ONLY TO THE EXTENT TO WHICH A CLAIM BY THE PERSON CONCERNED MAY IN FACT BE SATISFIED BY THE APPLICATION OF THE LEGISLATION OF TWO OR MORE MEMBER STATES AND ONLY IN REGARD TO THE PERIOD FOR WHICH THE CLAIMANT MAY CLAIM BENEFITS UNDER THE LEGISLATION SPECIFIED BY THAT ARTICLE .
19 THE DOUBT CONCERNING THE VALIDITY OF ARTICLE 8 WHICH IS EXPRESSED IN THE FIFTH QUESTION ARISES ONLY IN THE EVENT OF THAT ARTICLE ' S HAVING THE EFFECT OF EXCLUDING THE CLAIMANT FROM RECEIVING BENEFITS IN A MEMBER STATE OTHER THAN THAT OF THE CONFINEMENT . THAT QUESTION IS EXPLAINED BY THE DOUBTS CONCERNING THE INTERPRETATION OF ARTICLE 8 WHICH THE NATIONAL INSURANCE COMMISSIONER EXPRESSED IN QUESTIONS 2 AND 4 . IN THAT RESPECT , HOWEVER , HAVING REGARD TO THE SOLUTIONS CONTAINED IN THE ANSWERS GIVEN THOSE QUESTIONS , THE EVENTUALITY CONTEMPLATED WOULD ARISE ONLY WHERE THE OTHER PROVISIONS OF REGULATION NO 1408/71 WOULD HAVE LED , IN THE ABSENCE OF RECOURSE TO ARTICLE 12 OF THAT REGULATION AND TO ARTICLE 8 OF REGULATION NO 574/72 , TO CLEARLY UNJUSTIFIED OVERLAPPING OF BENEFITS .
20 IT MAY THEREFORE BE STATED IN ANSWER TO THAT QUESTION THAT CONSIDERATION OF THE QUESTIONS RAISED HAS DISCLOSED NO FACTOR OF SUCH A KIND AS TO AFFECT THE VALIDITY OF ARTICLE 8 OF REGULATION NO 574/72 .
Decision on costs
THE COSTS INCURRED BY THE COUNCIL AND THE