JUNE 1971 WITH REGARD TO THE GRANT OF AN OLD-AGE BENEFIT WHICH , BEING OF A NON-CONTRIBUTORY NATURE , IS IN PRINCIPLE RESERVED TO FRENCH NATIONALS .
6 AS REGARDS THE MATTERS COVERED BY REGULATION NO 1408/71 , IT FOLLOWS FROM ARTICLE 4 ( 1 ) ( C ) AND ( 2 ) THEREOF THAT THE REGULATION APPLIES TO ALL LEGISLATION DEALING WITH THE BRANCHES OF SOCIAL SECURITY WHICH CONCERN OLD-AGE BENEFITS , REGARDLESS OF WHETHER THEY PROVIDE FOR A CONTRIBUTORY OR A NON-CONTRIBUTORY SCHEME .
7 ARTICLE 5 OF THE REGULATION PROVIDES THAT ' ' THE MEMBER STATES SHALL SPECIFY THE LEGISLATION AND SCHEMES REFERRED TO IN ARTICLE 4 ( 1 ) AND ( 2 ) . . . IN DECLARATIONS TO BE NOTIFIED AND PUBLISHED IN ACCORDANCE WITH ARTICLE 96 ' ' . THE DECLARATION OF THE FRENCH REPUBLIC ( OFFICIAL JOURNAL 1973 C 12 , P . 11 ) INCLUDES THE ALLOWANCE FOR ELDERLY EMPLOYED PERSONS AND THE ALLOWANCE FOR WOMEN WITH CHILDREN ( VOLUME VII ) OF THE SOCIAL SECURITY CODE ).
8 THE FACT THAT A MEMBER STATE HAS MENTIONED SUCH AN ALLOWANCE IN ITS DECLARATION MUST BE ACCEPTED AS PROOF THAT THE BENEFITS CONCERNED ARE SOCIAL SECURITY BENEFITS WITHIN THE MEANING OF REGULATION NO 1408/71 .
9 AS REGARDS THE PERSONS COVERED BY THE REGULATION , ARTICLE 2 ( 1 ) THEREOF STATES THAT IT APPLIES TO THE FAMILY AND THE SURVIVORS OF ANY WORKER HAVING THE NATIONALITY OF ONE MEMBER STATE AND RESIDING WITHIN THE TERRITORY OF ANOTHER MEMBER STATE , WHO IS OR HAS BEEN SUBJECT TO THE LEGISLATION OF ONE OR MORE MEMBER STATES CONCERNING THE BRANCHES AND SCHEMES OF SOCIAL SECURITY COVERED BY THE REGULATION . ARTICLE 3 ( 1 ), CONCERNING EQUALITY OF TREATMENT , PROVIDES THAT THOSE PERSONS SHALL ENJOY THE SAME BENEFITS UNDER SUCH LEGISLATION AS THE NATIONALS OF THAT STATE .
10 IT FOLLOWS THAT IN THE PRESENT CASE THE FUND WAS CORRECT IN ITS DECISION NOT TO RELY ON THE FACT THAT THE MOTHER DOES NOT HAVE FRENCH NATIONALITY .
11 HOWEVER , IT IS APPARENT FROM THE GROUNDS OF THE JUDGMENT MAKING THE REFERENCE THAT THE PROBLEM OF INTERPRETATION RAISED DOES NOT CONCERN ONLY THE NATIONALITY OF THE MOTHER , BUT ALSO THAT OF HER CHILDREN .
12 IN THIS REGARD , IT MUST BE OBSERVED THAT THE RULES ON EQUALITY OF TREATMENT , LAID DOWN BY ARTICLE 3 ( 1 ) OF THE REGULATION , PROHIBIT NOT ONLY PATENT DISCRIMINATION , BASED ON THE NATIONALITY OF THE BENEFICIARIES OF SOCIAL SECURITY SCHEMES , BUT ALSO ALL DISGUISED FORMS OF DISCRIMINATION WHICH , BY THE APPLICATION OF OTHER DISTINGUISHING CRITERIA , LEAD IN FACT TO THE SAME RESULT .
13 A CONDITION CONCERNING THE NATIONALITY OF THE CHILDREN , SUCH AS THAT IMPOSED BY THE APPLICABLE FRENCH LEGISLATION , IS CAPABLE OF LEADING IN FACT TO THE RESULT THAT A MOTHER OF FOREIGN NATIONALITY MAY BENEFIT FROM THE ALLOWANCE ONLY IN EXCEPTIONAL CASES .