4THE COMMISSION HAS QUESTIONED WHETHER REGULATION NO 1408/71 IS APPLICABLE TO THE PRESENT CASE SINCE NEITHER THE FATHER , THE MOTHER NOR THE STEPFATHER OF THE APPELLANTS HAS MOVED FROM ONE MEMBER STATE TO ANOTHER IN CONNEXION WITH WORK .
5AS IN THE CASE OF THE EARLIER REGULATION NO 3 , THE PERSONS COVERED BY REGULATION NO 1408/71 , AS IS INDICATED BY ITS HEADING , INCLUDE NOT ONLY EMPLOYED PERSONS BUT ALSO THEIR FAMILIES MOVING WITHIN THE COMMUNITY .
THUS PURSUANT TO ARTICLE 2 ( 1 ) OF REGULATION NO 1408/71 WHICH DEFINES THE PERSONS COVERED BY THE REGULATION THE PROVISIONS OF THE LATTER SHALL APPLY TO THE SURVIVORS OF WORKERS WHO ARE OR HAVE BEEN SUBJECT TO THE LEGISLATION OF ONE OR MORE MEMBER STATES .
THE GENERAL TERMS IN WHICH THOSE PROVISIONS ARE COUCHED SHOW THAT THE APPLICATION OF THE REGULATION IS NOT LIMITED TO WORKERS OR THEIR SURVIVORS WHO HAVE HAD EMPLOYMENT IN SEVERAL MEMBER STATES OR WHO ARE , OR HAVE BEEN , EMPLOYED IN ONE STATE WHILST RESIDING OR HAVING RESIDED IN ANOTHER .
THUS THE REGULATION ALSO APPLIES WHEN THE RESIDENCE IN ANOTHER MEMBER STATE WAS THAT NOT OF THE WORKER HIMSELF BUT OF A SURVIVOR OF HIS .
THE QUESTIONS SUBMITTED
6THE SECOND QUESTION SHOULD BE ANSWERED FIRST SINCE , IF THE REPLY IS IN THE AFFIRMATIVE , THE TWO PARTS OF THE FIRST QUESTION BECOME DEVOID OF PURPOSE .
7ARTICLE 78 OF THE REGULATION , WHICH COVERS ORPHANS ' BENEFITS , PROVIDES IN PARAGRAPH ( 1 ) THAT THE TERM ' ' BENEFITS ' ' MEANS ' ' FAMILY ALLOWANCES AND , WHERE APPROPRIATE , SUPPLEMENTARY OR SPECIAL ALLOWANCES FOR ORPHANS AND ORPHANS ' PENSIONS . . . ' ' .
WHILST THE ABOVE-MENTIONED ARTICLE , THE PURPOSE OF WHICH IS TO DEFINE THE LEGISLATION UNDER WHICH ORPHANS ' BENEFITS MUST BE GRANTED , INCLUDES FAMILY ALLOWANCES AND ORPHANS ' PENSIONS , THOSE TWO TYPES OF BENEFIT ARE OF A CLEARLY DIFFERENT KIND , AND THIS IS FURTHERMORE RECOGNIZED IN ARTICLE 4 ( 1 ) OF THE REGULATION , WHICH DRAWS AN EXPRESS DISTINCTION BETWEEN SURVIVORS ' BENEFITS AND FAMILY BENEFITS .
ON THE ONE HAND , ACCORDING TO ARTICLE 1 ( U ) ( II ) OF THE REGULATION THE TERM ' ' FAMILY ALLOWANCES ' ' MEANS ' ' PERIODICAL CASH BENEFITS GRANTED EXCLUSIVELY BY REFERENCE TO THE NUMBER AND , WHERE APPROPRIATE , THE AGE OF MEMBERS OF THE FAMILY ' ' .
IN THE SYSTEM ESTABLISHED BY REGULATION NO 1408/71 FAMILY ALLOWANCES ARE GENERATED BY AN ACTUAL OCCUPATION ( EVEN IF THE WORKER IS NO LONGER ENGAGED IN SUCH OCCUPATION ) AND THE DIRECT AND SOLE RECIPIENT IS THE WORKER HIMSELF .
ON THE OTHER HAND , THE DIRECT AND SOLE RECIPIENT OF THE ORPHANS ' PENSION IS THE ORPHAN HIMSELF AND THE PENSION , LIKE OTHER SURVIVORS ' BENEFITS , CONSTITUTES THE PROJECTION IN TIME OF A PRIOR OCCUPATION , PURSUIT OF WHICH CEASED ON THE