THE BASIS OF REGULATION NO 1408/71 .
17 THE RETIREMENT ALLOWANCES ALSO DIFFER IN SO FAR AS THEY PURSUE AN OBJECT RELATED TO EMPLOYMENT POLICY INASMUCH AS THEY HELP TO RELEASE POSTS HELD BY WORKERS WHO ARE NEAR THE AGE OF RETIREMENT FOR THE BENEFIT OF YOUNGER UNEMPLOYED PERSONS , AN OBJECT WHICH HAS ONLY BECOME APPARENT AFTER THE IMPLEMENTATION OF REGULATION NO 1408/71 , IN THE CONTEXT OF THE ECONOMIC CRISIS WHICH HAS AFFECTED THE COMMUNITY FOR A NUMBER OF YEARS .
18 IN ADDITION IT SHOULD BE NOTED THAT THE COMMISSION HAS SUBMITTED TO THE COUNCIL A PROPOSAL FOR SUPPLEMENTING REGULATION NO 1408/71 IN ORDER TO TAKE INTO ACCOUNT THE SPECIFIC FEATURES OF BENEFITS OF THE TYPE IN QUESTION .
19 IT MUST THEREFORE BE STATED THAT THE BENEFITS IN QUESTION MAY NOT BE REGARDED AS BEING OF THE SAME KIND AS THE OLD-AGE BENEFITS REFERRED TO IN ARTICLE 46 OF REGULATION NO 1408/71 .
20 AS REGARDS THE SECOND PART OF THE QUESTION , RELATING TO THE APPLICABILITY OF NATIONAL PROVISIONS AGAINST OVERLAPPING , IT SHOULD BE RECALLED THAT , ACCORDING TO ARTICLE 12 ( 2 ) OF REGULATION NO 1408/71 , LEGISLATIVE PROVISIONS OF A MEMBER STATE FOR THE REDUCTION , SUSPENSION OR WITHDRAWAL OF BENEFIT IN CASES OF OVERLAPPING OF TWO OR MORE SOCIAL SECURITY BENEFITS MAY BE APPLIED TO THE RECIPIENT EVEN THOUGH THE RIGHT TO SUCH BENEFITS WAS ACQUIRED UNDER THE LEGISLATION OF ANOTHER MEMBER STATE , IN SO FAR AS THOSE BENEFITS ARE NOT BENEFITS OF THE SAME KIND AS BENEFITS RECEIVED IN RESPECT OF INVALIDITY , OLD-AGE , DEATH OR OCCUPATIONAL DISEASE .
21 IN THOSE CIRCUMSTANCES , IT IS NO LONGER NECESSARY TO CONSIDER THE QUESTION WHICH OF THE PROVISIONS AGAINST OVERLAPPING ARE APPLICABLE IF THE BENEFITS IN QUESTION ARE OF THE SAME KIND AS OLD-AGE BENEFITS WITHIN THE MEANING OF THE SECOND SENTENCE OF ARTICLE 12 ( 2 ) OF REGULATION NO 1408/71 .
22 MOREOVER , IT SHOULD BE STATED THAT THE FIRST SENTENCE OF ARTICLE 12 ( 2 ) IS COMPATIBLE WITH ARTICLE 51 OF THE TREATY INASMUCH AS THAT PROVISION DOES NOT PROHIBIT THE APPLICATION OF NATIONAL RULES AGAINST OVERLAPPING IN CASES WHERE BENEFITS - SUCH AS THOSE IN QUESTION - ARE NOT OF THE SAME KIND AS BENEFITS RECEIVED IN RESPECT OF INVALIDITY , OLD-AGE , DEATH OR OCCUPATIONAL DISEASE WITHIN THE MEANING OF REGULATION NO 1408/71 . IN SO FAR AS THOSE NATIONAL PROVISIONS AGAINST OVERLAPPING ARE APPLIED IN A MANNER WHICH IS IDENTICAL TO NATIONALS OF ALL THE MEMBER STATES WITHOUT TAKING INTO ACCOUNT THEIR NATIONALITY , THERE CAN BE NO DISCRIMINATION WITHIN THE MEANING OF ARTICLE 48 OF THE EEC TREATY .
23 IN REPLY TO THE QUESTION REFERRED TO THE COURT , IT SHOULD THEREFORE BE STATED THAT BENEFITS SUCH AS THE ALLOWANCES UNDER THE GUARANTEED INCOME RETIREMENT SCHEME PROVIDED FOR IN THE RELEVANT FRENCH PROVISIONS DO NOT FALL WITHIN THE SCOPE OF ARTICLE 46 OF REGULATION NO 1408/71 AND THAT