FEBRUARY 1976 WHICH WAS RECEIVED AT THE COURT REGISTRY ON 16 FEBRUARY 1976 THE NATIONAL INSURANCE COMMISSIONER SUBMITTED , PURSUANT TO ARTICLE 177 OF THE EEC TREATY , FOUR QUESTIONS CONCERNING THE INTERPRETATION , ON THE ONE HAND , OF PARAGRAPH 1 OF POINT I ( UNITED KINGDOM ) OF ANNEX V TO REGULATION NO 1408/71 OF THE COUNCIL OF 14 JUNE 1971 ON THE APPLICATION OF SOCIAL SECURITY SCHEMES TO EMPLOYED PERSONS AND THEIR FAMILIES MOVING WITHIN THE COMMUNITY , AS AMENDED BY THE ACT OF ACCESSION AND , ON THE OTHER HAND OF ARTICLE 1 ( A ) ( I ) ( II ) AND ( III ) OF THIS REGULATION .
2 THOSE QUESTIONS WERE RAISED WITHIN THE FRAMEWORK OF A DISPUTE BETWEEN A BRITISH NATIONAL BORN IN 1906 - THE CLAIMANT IN THE MAIN PROCEEDINGS - WHO HAD ALWAYS RESIDED IN GREAT BRITAIN AND WHO HAD PAID CONTRIBUTIONS UNDER THE BRITISH NATIONAL INSURANCE SCHEME SINCE 1948 , INITIALLY AS AN EMPLOYED PERSON AND SUBSEQUENTLY AS A SELF-EMPLOYED PERSON , AND THE COMPETENT BRITISH SOCIAL SECURITY INSTITUTION . THE DISPUTE AROSE BECAUSE THE CLAIMANT FELL ILL DURING A STAY IN FRANCE , WHERE HE HAD GONE FOR REASONS OF HEALTH , AND HE HAD THEREFORE TO RECEIVE IMMEDIATE MEDICAL TREATMENT .
3 BY VIRTUE OF A PROVISION OF NATIONAL LAW WHICH LAYS DOWN THE PRINCIPLE THAT ' A PERSON SHALL BE DISQUALIFIED FOR RECEIVING ANY BENEFIT . . . FOR ANY PERIOD DURING WHICH THAT PERSON . . . IS ABSENT FROM GREAT BRITAIN . . . ' THE SAID INSTITUTION REFUSED HIM - AND NOW REFUSES HIS WIDOW WHO IS CONTINUING WITH THE PROCEEDINGS - SICKNESS BENEFITS IN CASH FOR THE PERIOD DURING WHICH HE STAYED IN FRANCE .
4 UNDER ARTICLE 22 ( 1 ) OF REGULATION NO 1408/71 RELATING INTER ALIA TO SICKNESS BENEFITS , ' A WORKER ' - A WORD DEFINED IN ARTICLE 1 ( A ) OF THE REGULATION - ' WHO SATISFIES THE CONDITIONS OF THE LEGISLATION OF THE COMPETENT STATE FOR ENTITLEMENT TO BENEFITS . . . AND : ( A ) WHOSE CONDITION NECESSITATES IMMEDIATE BENEFITS DURING A STAY IN THE TERRITORY OF ANOTHER MEMBER STATE . . . SHALL BE ENTITLED : . . . ( II ) TO CASH BENEFITS PROVIDED BY THE COMPETENT INSTITUTION IN ACCORDANCE WITH THE LEGISLATION WHICH IT ADMINISTERS ' .
5 SINCE THAT PROVISION PRECLUDES THE APPLICATION TO A WORKER OF SUCH A PROVISION OF NATIONAL LAW THE ESSENTIAL PURPOSE OF THE QUESTIONS OF THE NATIONAL INSURANCE COMMISSIONER IS TO ASCERTAIN WHETHER PERSONS IN THE POSITION OF THE CLAIMANT IN THE MAIN PROCEEDINGS HAVE THE STATUS OF A ' WORKER ' WITHIN THE MEANING OF ARTICLE 1 ( A ) OF REGULATION NO 1408/71 .
THE FIRST QUESTION
6 IN THE FIRST QUESTION THE COURT IS ASKED WHETHER PARAGRAPH 1 OF POINT I OF ANNEX V TO REGULATION NO 1408/71 ( A POINT RELATING EXCLUSIVELY TO THE UNITED KINGDOM ) RESTRICTS