OF SUCH WORKERS .
8 BY THIS REFERENCE THE SAID PROVISION DOES NOT SEEK TO RESTRICT THE STATUS OF WORKER WITHIN THE MEANING OF THAT REGULATION TO PERSONS WHO ARE IN FACT INSURED UNDER ONE OF THE ABOVEMENTIONED SCHEMES BUT IS INTENDED TO DEFINE AS A WORKER ALL PERSONS TO WHOM SUCH SCHEMES ARE APPLICABLE .
9 AFFILIATION TO SUCH SCHEMES CORRESPONDS BOTH IN EACH MEMBER STATE AND IN THE COMMUNITY ORDER TO A MANDATORY RULE PRESCRIBING , FOR EMPLOYED PERSONS , COMPULSORY INSURANCE AGAINST ONE OR MORE RISKS CORRESPONDING TO THE BRANCHES OF A SOCIAL SECURITY SCHEME .
10 CONSEQUENTLY IT MUST BE ACCEPTED THAT THE STATUS OF WORKER WITHIN THE MEANING OF REGULATION NO 1408/71 IS ACQUIRED WHEN THE WORKER COMPLIES WITH THE SUBSTANTIVE CONDITIONS LAID DOWN OBJECTIVELY BY THE SOCIAL SECURITY SCHEME APPLICABLE TO HIM EVEN IF THE STEPS NECESSARY FOR AFFILIATION TO THAT SCHEME HAVE NOT BEEN COMPLETED .
11 THE COURT OF JUSTICE IS THEN ASKED TO RULE WHETHER A WORKER IN THE POSITION DESCRIBED BY THE NATIONAL COURT MAY CLAIM UNEMPLOYMENT BENEFITS ON THE BASIS OF ARTICLE 71 ( 1 ) ( B ) ( II ) OF REGULATION NO 1408/71 EVEN IF HE CANNOT BE REGARDED AS AN INSURED PERSON UNDER THE GERMAN LEGISLATION .
12 UNDER ARTICLE 71 ( 1 ) ( B ) ( II ) OF REGULATION NO 1408/71 ' A WORKER , OTHER THAN A FRONTIER WORKER , WHO IS WHOLLY UNEMPLOYED AND WHO MAKES HIMSELF AVAILABLE FOR WORK TO THE EMPLOYMENT SERVICES IN THE TERRITORY OF THE MEMBER STATE IN WHICH HE RESIDES , OR WHO RETURNS TO THAT TERRITORY , SHALL RECEIVE BENEFITS IN ACCORDANCE WITH THE LEGISLATION OF THAT STATE AS IF HE HAD LAST BEEN EMPLOYED THERE ; THE INSTITUTION OF THE PLACE OF RESIDENCE SHALL PROVIDE SUCH BENEFITS AT ITS OWN EXPENSE ' .
13 ACCORDING TO THE NINTH RECITAL OF REGULATION NO 1408/71 , ARTICLE 71 ( 1 ) ( B ) ( II ) SERVES TO ENSURE THAT A WORKER PLACED IN ONE OF THE SITUATIONS THEREIN SET OUT MAY RECEIVE UNEMPLOYMENT BENEFITS IN CONDITIONS MOST FAVOURABLE TO THE SEARCH FOR NEW EMPLOYMENT .
14 TO THIS END THIS PROVISION LAYS DOWN THAT THE UNEMPLOYMENT INSURANCE SCHEME APPLICABLE TO SUCH A WORKER SHALL BE THAT ESTABLISHED BY THE NATIONAL LEGISLATION OF THE MEMBER STATE TO WHOSE EMPLOYMENT SERVICES THE WORKER MADE HIMSELF AVAILABLE FOR WORK AND ON THE TERRITORY OF WHICH HE RESIDES OR TO WHOSE TERRITORY HE RETURNS .
15 AS THE WORK CARRIED OUT IN THE COURSE OF THE LAST EMPLOYMENT MUST BE REGARDED AS HAVING BEEN CARRIED OUT ON THE TERRITORY OF THAT STATE IT FOLLOWS THAT ARTICLE 71 ( 1 ) ( B ) ( II ) SUBJECTS THE RIGHT TO BENEFITS OF THE PERSON CONCERNED TO THE NATIONAL LEGISLATION OF THE SAME STATE BOTH AS REGARDS THE AMOUNT AND THE DURATION OF THE PAYMENTS AND AS REGARDS THE CONDITIONS GOVERNING THE ACQUISITION OF THAT RIGHT .
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