EEC TREATY CERTAIN QUESTIONS CONCERNING THE INTERPRETATION OF REGULATION NO 1408/71 IN RELATION TO AN ALLOWANCE FOR HANDICAPPED ADULTS .
2 THOSE QUESTIONS WERE RAISED IN THE CONTEXT OF PROCEDURES RELATING TO THE REFUSAL OF THE CAISSE D ' ALLOCATIONS FAMILIALES DE L ' ARRONDISSEMENT DE LYON TO ALLOW A HANDICAPPED ADULT ITALIAN NATIONAL , RESIDING IN FRANCE WITH HIS FATHER WHO IS EMPLOYED THERE AS A WORKER WITHIN THE MEANING OF REGULATION NO 1408/71 , TO BENEFIT FROM THE ALLOWANCE FOR HANDICAPPED ADULTS INSTITUTED BY ARTICLE 7 AND 8 FRENCH LAW NO 71-563 OF 13 JULY 1971 .
3 THE APPLICATION WAS REFUSED IN THE PRESENT CASE ON THE GROUND THAT THE LAW IN QUESTION LIMITS PAYMENT OF THE ALLOWANCE FOR HANDICAPPED ADULTS TO FRENCH NATIONALS ALONE .
4 THE COUR DE CASSATION OF FRANCE ASKS WHETHER , PURSUANT TO REGULATION NO 1408/71 , ' A HANDICAPPED ADULT ITALIAN NATIONAL WHO HAS HIMSELF NEVER WORKED IN FRANCE MUST BENEFIT FROM THE ALLOWANCE FOR HANDICAPPED ADULTS INTRODUCED BY THE LAW OF 13 JULY 1971 SOLELY FOR THE BENEFIT OF FRENCH NATIONALS RESIDING IN FRANCE , IF HE RESIDES THERE AND IF HIS FATHER , AN ITALIAN MIGRANT WORKER , IS EMPLOYED THERE ' .
5 IN ORDER TO REPLY TO THIS QUESTION IT IS FIRST NECESSARY TO DEFINE THE SUBSTANTIVE AREA OF APPLICATION OF REGULATION NO 1408/71 IN RELATION TO THE PROVISIONS OF NATIONAL LAW PROVIDING FOR THE ALLOWANCE IN QUESTION .
6 WHILST THE COURT , ACTING WITHIN THE FRAMEWORK OF ARTICLE 177 , HAS NO JURISDICTION TO PRONOUNCE ON A PROVISION OF NATIONAL LAW WITH REGARD TO A COMMUNITY RULE , IT CAN HOWEVER , PROVIDE THE NATIONAL COURT WITH THE FACTORS OF INTERPRETATION DEPENDING ON COMMUNITY LAW WHICH MIGHT BE USEFUL TO IT IN EVALUATING THE EFFECTS OF SUCH PROVISION .
7 IN ITS JUDGMENT OF 13 NOVEMBER 1974 IN CASE 39/74 ( MAZZIER , NEE COSTA V BELGIAN STATE , ( 1974 ) ECR 1251 ), THE COURT HELD THAT ' A NATIONAL LEGISLATION GIVING A LEGALLY PROTECTED RIGHT TO A BENEFIT FOR THE HANDICAPPED FALLS , AS REGARDS THE PERSONS COVERED BY REGULATION NO 3 , WITHIN THE AREA OF SOCIAL SECURITY WITHIN THE MEANING OF ARTICLE 51 OF THE TREATY AND OF THE COMMUNITY REGULATIONS THEREUNDER ' .
8 SINCE REGULATION NO 3 WAS REPLACED BY REGULATION NO 1408/71 OF THE COUNCIL , THE SAME INTERPRETATION APPLIES TO THE PROVISIONS OF THE LATTER REGULATION TO THE EXTENT TO WHICH THEY DETERMINE THE MATTERS COVERED BY THAT REGULATION .
9 IT FOLLOWS THAT A NATIONAL SCHEME TO PROVIDE ALLOWANCE FOR HANDICAPPED PERSONS , SUCH AS THAT AT ISSUE IN THE PRESENT CASE , WHICH GIVES A LEGALLY PROTECTED RIGHT TO SUCH ALLOWANCES CONSTITUTES SOCIAL SECURITY WITHIN THE MEANING OF ARTICLE 51 OF THE TREATY AS REGARDS THE PERSONS REFERRED TO BY REGULATION NO 1408/71 .
10 SECONDLY , IT IS NECESSARY TO CONSIDER WHETHER A HANDICAPPED ADULT WHOSE CIRCUMSTANCES ARE THOSE DESCRIBED BY THE NATIONAL