COUNCIL IN THAT MEMBER STATE BY REASON EITHER :
( A ) THAT HE IS A WORKER UNDER THE LEGISLATION OF SOME OTHER MEMBER STATE ; OR
( B)(IF THE ANSWER TO ( A ) IS NEGATIVE ) THAT HE HAS BEEN SO INSURED AS SELF-EMPLOYED UNDER A SOCIAL SECURITY SCHEME FOR ONE OR MORE OF THE CONTINGENCIES COVERED BY A SOCIAL SECURITY SCHEME FOR EMPLOYED , SELF-EMPLOYED AND NON-EMPLOYED PERSONS .
II - ( IF THE ANSWER TO EITHER QUESTION I ( A ) OR I ( B ) IS AFFIRMATIVE ) WHETHER A PERSON WHO HAS BEEN INSURED AS A SELF-EMPLOYED PERSON ( BUT NOT AS AN EMPLOYED PERSON ) IN A MEMBER STATE SHOULD IN RELATION TO A PENSION PAYABLE UNDER THE LEGISLATION OF THAT MEMBER STATE BE REGARDED AS A PENSIONER FOR PURPOSES OF ARTICLE 77 OF THE SAID REGULATION BY REASON THAT HE IS OR HAS BEEN A WORKER FOR PURPOSES OF THAT REGULATION AND/OR BY REASON OF THE FACT THAT HIS PENSION ( THOUGH UNAFFECTED IN THE COMPETENT STATE BY THE PROVISIONS OF THAT REGULATION ) HAS BEEN SUBJECT TO REVISION IN ANOTHER MEMBER STATE UNDER THAT LEGISLATION .
III - ( IF THE ANSWERS TO QUESTION I ( A ) OR ( B ) AND TO QUESTION II ARE AFFIRMATIVE ) WHETHER ARTICLE 6 OF THE SAID REGULATION IS VALID IN SO FAR AS IT OPERATES TO DEPRIVE A PERSON OF ANY RIGHT TO BENEFIT DERIVED FROM A PROVISION OF NATIONAL LAW OF A MEMBER STATE GIVING EFFECT TO A RECIPROCAL CONVENTION WITH ONE OR MORE OTHER MEMBER STATES . ' '
8 THE FIRST QUESTIONS CONCERN THE PERSONS COVERED BY REGULATION NO 1408/71 WHILST THE SECOND QUESTION RELATES TO THE MATTERS COVERED .
9 WITH REGARD TO THE PERSONS COVERED BY THE REGULATION IT MUST BE OBSERVED THAT A PERSON WHO HAS BEEN COMPULSORILY INSURED AS A SELF-EMPLOYED WORKER IN ONE MEMBER STATE BUT WHO IS COMPULSORILY INSURED AS AN EMPLOYED PERSON IN ANOTHER MEMBER STATE MUST BE CONSIDERED AS A WORKER WITHIN THE MEANING OF ARTICLES 1 ( A ) AND 2 ( 1 ) OF REGULATION NO 1408/71 THROUGHOUT THE COMMUNITY . NEVERTHELESS THAT CIRCUMSTANCE DOES NOT NECESSARILY IMPLY THAT THE BENEFITS GRANTED IN THE FIRST MEMBER STATE COME WITHIN THE MATTERS COVERED BY THAT REGULATION AND THAT THE COMPETENT INSTITUTIONS OF THAT MEMBER STATE ARE THEREBY REQUIRED TO APPLY ARTICLE 77 .
10 THE BENEFITS REFERRED TO BY ARTICLE 77 ARE IN PARTICULAR FAMILY ALLOWANCES FOR PERSONS RECEIVING PENSIONS FOR OLD AGE AND INCREASES OR SUPPLEMENTS TO SUCH PENSIONS IN RESPECT OF THE CHILDREN OF SUCH PENSIONERS .
11 IN THOSE CIRCUMSTANCES THE SECOND QUESTION RAISES THE PROBLEM WHETHER THE EXPRESSION ' ' PENSIONS FOR OLD AGE ' ' EMPLOYED IN ARTICLE 77 COVERS AN OLD-AGE BENEFIT GRANTED IN A MEMBER STATE TO A PERSON WHO WAS INSURED THERE UNDER A SOCIAL SECURITY SCHEME APPLICABLE TO SELF-EMPLOYED PERSONS UNDER THE LEGISLATION OF THAT MEMBER STATE ALONE AND WITHOUT REFERENCE