SECURITY ' FOLLOW A GENERAL TENDENCY OF THE SOCIAL LAW OF MEMBER STATES TO EXTEND THE BENEFITS OF SOCIAL SECURITY IN FAVOUR OF NEW CATEGORIES OF PERSONS BY REASON OF IDENTICAL RISKS ' ( JUDGMENT OF 19 DECEMBER 1968 , DE CICCO , CASE 19/68 , ( 1968 ) ECR 473 ; JUDGMENT OF 27 OCTOBER 1971 , JANSSEN , CASE 23/71 , ( 1971 ) ECR 864 ).
21 LASTLY , ALTHOUGH REGULATION NO 1408/71 , UNLIKE REGULATION NO 3 WHICH PRECEDED IT , NO LONGER EMPLOYS THE EXPRESSION ' WAGE-EARNERS OR ASSIMILATED WORKERS ' AND MERELY REFERS , IN THE TERMS OF ITS HEADING , TO ' EMPLOYED PERSONS ' , CERTAIN OF THE PROVISIONS OF THIS REGULATION NEVERTHELESS SHOW CLEARLY THAT IT ALSO APPLIES TO CERTAIN CATEGORIES OF PERSONS WHO , WHEN THE CONTINGENCY OCCURS , DO NOT HAVE THE STATUS OF ' EMPLOYED PERSONS ' WITHIN THE MEANING OF THE LAW OF EMPLOYMENT .
22 FIRST , ACCORDING TO ARTICLE 2 ( 1 ) WHICH DETERMINES THE PERSONS COVERED BY THE REGULATION , THE REGULATION SHALL APPLY TO WORKERS WHO ARE ' OR HAVE BEEN ' SUBJECT TO THE SOCIAL SECURITY LEGISLATION OF ONE OR MORE MEMBER STATES .
23 SECONDLY , UNDER ARTICLE 34 OF THE REGULATION , FOR THE PURPOSES OF CHAPTER 1 OF TITLE III ( THE CHAPTER DEVOTED INTER ALIA TO THE CONTINGENCY OF SICKNESS ) A PENSIONER WHO IS ENTITLED TO BENEFITS IN KIND UNDER THE LEGISLATION OF A MEMBER STATE AS THE RESULT OF PURSUING A PROFESSIONAL OR TRADE ACTIVITY ' SHALL . . . BE CONSIDERED AS A WORKER ' .
24 WHILST THE REGULATION THUS COVERS CERTAIN PERSONS WHO HAVE LOST THE STATUS OF WORKER AND WHO ARE INDEED NO LONGER INSURED UNDER A SOCIAL SECURITY SCHEME IN ONE OF THE MEMBER STATES IT CANNOT BE EXCLUDED THAT THE REGULATION MAY BE APPLICABLE , WHERE APPROPRIATE , TO PERSONS WHO , ALTHOUGH THEY HAVE LOST THE STATUS AS EMPLOYED PERSONS , REMAIN COMPULSORILY INSURED UNDER THE SAME SCHEME WHICH COVERED THEM PREVIOUSLY WHEN THEY HAD THAT STATUS .
25 FINALLY , AS PARAGRAPH 1 OF POINT I ( UNITED KINGDOM ) OF ANNEX V TO REGULATION NO 1408/71 STATES CLEARLY , THE REGULATION ALSO APPLIES TO PERSONS WHO , IN ACCORDANCE WITH THE RELEVANT NATIONAL LEGISLATION , THAT IS BRITISH LEGISLATION , ARE OBLIGED TO PAY CONTRIBUTIONS AS ' EMPLOYED PERSONS ' ALTHOUGH IN FACT THEY DO NOT HAVE THIS STATUS .
26 ARTICLE 1 ( A ) ( II ) OF THE REGULATION MUST BE INTERPRETED IN THE LIGHT OF THESE CONSIDERATIONS .
27 THIS PROVISION REFERS TO THE CASE IN WHICH , IN ORDER TO ' IDENTIFY ' AS AN ' EMPLOYED PERSON ' A PERSON WHO IS INSURED UNDER A SOCIAL SECURITY SCHEME FOR THE WHOLE WORKING POPULATION , REFERENCE MUST BE MADE TO THE ' MANNER IN WHICH SUCH SCHEME IS ADMINISTERED OR FINANCED ' .
28 CONSEQUENTLY THE PROVISION MUST BE UNDERSTOOD AS