DUE TO A PERSON , MRS MARGARET WALSH , WHO WORKED BOTH IN THE UNITED KINGDOM AND IN THE REPUBLIC OF IRELAND AND WHO , AFTER BEARING A CHILD IN IRELAND ON 31 JULY 1975 , RETURNED TO LIVE IN THE UNITED KINGDOM ON 21 AUGUST 1975 .
2 MRS WALSH , WHO , ACCORDING TO THE INFORMATION PROVIDED , APPEARS TO HAVE SATISFIED THE CONDITIONS FOR CLAIMING MATERNITY BENEFIT IN IRELAND , DID NOT HOWEVER LODGE A CLAIM FOR SUCH BENEFIT IN THAT COUNTRY . ON THE CONTRARY , AFTER HER RETURN TO THE UNITED KINGDOM SHE SUBMITTED A CLAIM ON 3 OCTOBER 1975 TO THE BRITISH INSURANCE OFFICER FOR THE MATERNITY BENEFIT PAYABLE BY VIRTUE OF THE UNITED KINGDOM LEGISLATION . ALTHOUGH MRS WALSH SATISFIED THE CONTRIBUTION CONDITIONS FOR THE ACQUISITION OF A RIGHT TO BENEFIT AT A REDUCED RATE THE INSURANCE OFFICER DISALLOWED THE CLAIM ON THE GROUND THAT IT HAD NOT BEEN MADE WITHIN THE REQUISITE TIME AND THAT THERE WAS NO GOOD CAUSE FOR THE DELAY .
3 FOLLOWING THE DISMISSAL OF THE APPEAL WHICH MRS WALSH MADE TO A LOCAL TRIBUNAL , THE CLAIMANT BROUGHT A FURTHER APPEAL BEFORE THE NATIONAL INSURANCE COMMISSIONER . IN THE COURSE OF THE PROCEEDINGS BEFORE THE COMMISIONER CERTAIN ISSUES AROSE CONCERNING THE APPLICATION OF COMMUNITY RULES TO THE CASE IN QUESTION AND THE COMMISSIONER REQUESTED THE COURT TO GIVE A PRELIMINARY RULING ON THE FOLLOWING QUESTIONS :
' ' ( 1 ) WHETHER A PERSON WHO SATISFIES THE CONTRIBUTION CONDITIONS OF ONE MEMBER STATE ( IN THIS CASE THE UNITED KINGDOM ) FOR ENTITLEMENT TO MATERNITY ALLOWANCE ( IN THIS CASE AT A REDUCED RATE ) THROUGHOUT THE PERIOD FOR WHICH MATERNITY ALLOWANCE IS CLAIMED IN THAT STATE IS A ' WORKER ' FOR THE PURPOSE OF
( A ) REGULATION ( EEC ) NO 1408/71 ; AND
( B ) REGULATION ( EEC ) NO 574/72 ,
NOTWITHSTANDING THAT DURING THAT PERIOD SHE HAS PAID NO CONTRIBUTIONS AND IS NOT LIABLE TO PAY CONTRIBUTIONS .
( 2)WHETHER A WORKER WHO SATISFIES THE CONTRIBUTION CONDITIONS FOR MATERNITY BENEFIT ( EITHER AT THE FULL OR AT A REDUCED RATE ) UNDER THE LEGISLATION OF TWO OR MORE MEMBER STATES ( IN THIS CASE THOSE OF THE UNITED KINGDOM AND THE REPUBLIC OF IRELAND ) IS TO BE REGARDED , FOR THE PURPOSE OF ARTICLE 8 OF REGULATION ( EEC ) NO 574/72 AS ' ENTITLED TO CLAIM MATERNITY BENEFITS ' UNDER THOSE LEGISLATIONS
( A ) WHETHER OR NOT SUCH WORKER FALLS TO BE DISQUALIFIED FOR RECEIPT OF SUCH BENEFITS UNDER THE LEGISLATION OF ONE OR MORE OF SUCH MEMBER STATES ON THE GROUND OF DELAY IN CLAIMING OR ON OTHER GROUNDS ; OR
( B)ONLY IF THE CLAIM OF SUCH WORKER WOULD IN FACT SUCCEED UNDER THE LEGISLATION OF ALL SUCH MEMBER STATES .
( 3)WHETHER THE REFERENCE IN ARTICLE 8 OF REGULATION ( EEC ) NO 574/72 TO ' THE LEGISLATIONS OF TWO OR MORE MEMBER STATES