MUST BE AWARDED , THAT AUTHORITY , INSTITUTION OR COURT HAS NO POWER TO DETERMINE THE ADMISSIBILITY OF THE CLAIM , DECLARATION OR APPEAL IN QUESTION . THAT POWER BELONGS EXCLUSIVELY TO THE AUTHORITY , INSTITUTION OR COURT OF THE MEMBER STATE UNDER THE LEGISLATION OF WHICH THE BENEFITS MUST BE AWARDED AND TO WHICH THE CLAIM , DECLARATION OR APPEAL MUST IN ALL CIRCUMSTANCES BE FORWARDED .
QUESTIONS 2 , 4 AND 5
13 THE SECOND AND FOURTH QUESTIONS SEEK TO HAVE SPECIFIED THE SCOPE OF ARTICLE 8 OF REGULATION NO 574/72 AS REGARDS MATERNITY BENEFIT OF THE KIND AT ISSUE IN THIS CASE AND THE FIFTH QUESTION IS CONCERNED WITH THE VALIDITY OF THAT ARTICLE AS IT IS INTERPRETED BY THE COURT IN ANSWER TO THE OTHER TWO QUESTIONS .
14 ARTICLE 8 OF REGULATION NO 574/72 IS WORDED AS FOLLOWS :
' ' IF A WORKER OR A MEMBER OF HIS FAMILY IS ENTITLED TO CLAIM MATERNITY BENEFITS UNDER THE LEGISLATIONS OF TWO OR MORE MEMBER STATES , THOSE BENEFITS SHALL BE GRANTED EXCLUSIVELY UNDER THE LEGISLATION OF THE MEMBER STATE IN WHOSE TERRITORY THE CONFINEMENT TOOK PLACE OR , IF THE CONFINEMENT DID NOT TAKE PLACE IN THE TERRITORY OF ONE OF THESE MEMBER STATES , EXCLUSIVELY UNDER THE LEGISLATION OF THE MEMBER STATE TO WHICH THE WORKER WAS LAST SUBJECT ' ' .
15 THAT PROVISION CONSTITUTES A RULE FOR THE APPLICATION OF ARTICLE 12 OF REGULATION NO 1408/71 . THAT ARTICLE , WHICH IS ENTITLED ' ' PREVENTION OF OVERLAPPING OF BENEFITS ' ' PROVIDES , INTER ALIA , IN PARAGRAPH ( 1 ) THAT THE REGULATION ' ' CAN NEITHER CONFER NOR MAINTAIN THE RIGHT TO SEVERAL BENEFITS OF THE SAME KIND FOR ONE AND THE SAME PERIOD OF COMPULSORY INSURANCE ' ' . EVEN THOUGH , ACCORDING TO ITS WORDING , ARTICLE 8 OF REGULATION NO 574/72 IS A RULE CONCERNING THE APPLICABLE LAW , IT ALSO COMES , AS A CONSEQUENCE , WITHIN THE FRAMEWORK OF THE PROVISIONS WHICH , IN ACCORDANCE WITH THE SEVENTH RECITAL IN THE PREAMBLE TO REGULATION NO 1408/71 , SEEK TO PREVENT UNJUSTIFIED OVERLAPPING OF BENEFITS .
16 THE BENEFITS AT ISSUE IN THE MAIN PROCEEDINGS ARE ALLOWANCES GRANTED FOR A CERTAIN PERIOD BOTH BEFORE AND AFTER THE CONFINEMENT . EVEN THOUGH THE DURATION OF THAT PERIOD AND THE AMOUNT GRANTED PER WEEK OR PER DAY DIFFER FROM ONE MEMBER STATE TO ANOTHER , THE GRANT OF THE BENEFITS RESTS ON THE SAME CONCEPT OF THE WELFARE OF THE MOTHER AND CHILD . THE MOTHER MUST ENJOY A PERIOD OF REST OR LEAVE FROM WORK AND THE ALLOWANCES PAID SERVE TO MAKE GOOD , AT LEAST PARTIALLY , ANY WAGE OR SALARY WHICH THE MOTHER MIGHT HAVE DRAWN DURING THAT PERIOD .
17 IT IS IN THE LIGHT OF THOSE AIMS THAT THE QUESTIONS RELATING TO THE SCOPE OF ARTICLE 8 MUST BE ANSWERED . OVERLAPPING OF BENEFITS OCCURS ONLY IN SO FAR AS A CLAIM