TO CONTRIBUTE AND THE CALCULATION OF CONTRIBUTIONS ,
- THE CALCULATION OF BENEFITS INCLUDING INCREASES DUE IN RESPECT OF A SPOUSE AND FOR DEPENDANTS AND THE CONDITIONS GOVERNING THE DURATION AND RETENTION OF ENTITLEMENT TO BENEFITS . '
9 THE CHIEF SOCIAL SECURITY COMMISSIONER CONSIDERED THAT A DECISION ON THE INTERPRETATION OF THE DIRECTIVE WAS NECESSARY FOR HIS DECISION IN THE CASE ; HE THEREFORE STAYED THE PROCEEDINGS AND REFERRED THE FOLLOWING QUESTIONS TO THE COURT FOR A PRELIMINARY RULING :
' ( 1 ) IF A MEMBER STATE PROVIDES A BENEFIT PAYABLE ( PROVIDED CERTAIN RESIDENCE AND OTHER CONDITIONS ARE MET ) TO A PERSON WHO IS NOT GAINFULLY EMPLOYED AND IS REGULARLY AND SUBSTANTIALLY ENGAGED IN CARING FOR A PERSON IN RESPECT OF WHOM A BENEFIT IS PAYABLE AS A SEVERELY DISABLED PERSON BY REASON OF THAT PERSON REQUIRING ATTENTION OR SUPERVISION AS PRESCRIBED ( AND PROVIDED THAT THAT PERSON MEETS CERTAIN RESIDENCE AND OTHER CONDITIONS ), DOES THE BENEFIT PAYABLE TO THE FIRST-MENTIONED PERSON CONSTITUTE THE WHOLE OR PART OF A STATUTORY SCHEME WHICH PROVIDES PROTECTION AGAINST INVALIDITY TO WHICH ARTICLE 3 ( 1 ) ( A ) OF DIRECTIVE 79/7/EEC APPLIES?
( 2 ) IF THE ANSWER TO THE FIRST QUESTION IS YES , DOES A CONDITION THAT A MARRIED WOMAN IS NOT ENTITLED TO THAT BENEFIT IF SHE IS RESIDING WITH HER HUSBAND OR HE IS CONTRIBUTING TO HER MAINTENANCE ABOVE A CERTAIN LEVEL CONSTITUTE DISCRIMINATION CONTRARY TO ARTICLE 4 ( 1 ) OF THAT DIRECTIVE IN CIRCUMSTANCES WHERE MARRIED MEN DO NOT HAVE TO MEET A CORRESPONDING CONDITION?
'
10 OBSERVATIONS WERE SUBMITTED BY MRS DRAKE , THE ADJUDICATION OFFICER AND THE COMMISSION .
QUESTION 1
11 BY HIS FIRST QUESTION THE CHIEF SOCIAL SECURITY COMMISSIONER SEEKS TO KNOW WHETHER THE RIGHT TO THE PAYMENT OF A BENEFIT TO A PERSON WHO CARES FOR A DISABLED PERSON CONSTITUTES PART OF A STATUTORY SCHEME PROVIDING PROTECTION AGAINST THE RISK OF INVALIDITY TO WHICH DIRECTIVE 79/7 APPLIES UNDER ARTICLE 3 ( 1 ) ( A ) OF THAT DIRECTIVE .
12 MRS DRAKE AND THE COMMISSION CONSIDER THAT THE ANSWER TO QUESTION 1 SHOULD BE IN THE AFFIRMATIVE .
13 MRS DRAKE SUBMITS IN THE FIRST PLACE THAT THE EXPRESSION ' WORKING POPULATION ' USED IN ARTICLE 2 OF THE DIRECTIVE MUST BE INTERPRETED AS INCLUDING INDIVIDUALS WHO HAVE WORKED , WHO WISH TO RETURN TO WORK , WHO ARE OF WORKING AGE , BUT WHO ARE TEMPORARILY UNABLE TO WORK BECAUSE OF SOME PARTICULAR RISK COVERED BY THE SOCIAL SECURITY SYSTEM , WHICH IS PRECISELY HER SITUATION . SHE CONSIDERS THAT SHE IS THEREFORE A PERSON TO WHOM THE DIRECTIVE APPLIES .
14 SECONDLY , MRS DRAKE ARGUES THAT ARTICLE 3 ( 1 ) ( A ) OF THE DIRECTIVE MUST BE INTERPRETED AS APPLYING TO ANY BENEFIT WHICH FORMS PART OF A NATIONAL STATUTORY SCHEME PROVIDING PROTECTION AGAINST THE RISKS REFERRED TO IN THAT PROVISION . SHE ARGUES THAT IN THE UNITED KINGDOM THE