NO 1408/71 THAT PROVISIONS OF THE LEGISLATION OF A MEMBER STATE FOR REDUCTION, SUSPENSION OR WITHDRAWAL OF BENEFIT IN THE EVENT OF OVERLAPPING WITH OTHER SOCIAL SECURITY BENEFITS ARE NOT APPLICABLE WHEN THE PERSON CONCERNED RECEIVES BENEFITS OF THE SAME KIND IN RESPECT OF INVALIDITY, OLD AGE OR DEATH . IN THAT CONNECTION, SOCIAL SECURITY BENEFITS MUST BE REGARDED, AS THE COURT HAS CONSISTENTLY HELD ( SEE THE JUDGMENT OF 5 JULY 1983 IN CASE 171/82 VALENTINI V ASSOCIATION POUR L' EMPLOI DANS L' INDUSTRIE ET LE COMMERCE (( 1983 )) ECR 2157 ), AS BEING OF THE SAME KIND WHEN THEIR PURPOSE AND OBJECT AS WELL AS THE BASIS ON WHICH THEY ARE CALCULATED AND THE CONDITIONS FOR GRANTING THEM ARE IDENTICAL .
13 IT IS SUFFICIENT TO OBSERVE IN THIS REGARD THAT THAT REQUIREMENT CANNOT IN ANY EVENT BE SATISFIED WHEN THE BENEFITS ARE LINKED TO DIFFERENT INSURANCE RECORDS AND, CONSEQUENTLY, TO DIFFERENT INSURANCE PERIODS; THAT IS THE CASE WITH, ON THE ONE HAND, A PERSONAL INVALIDITY PENSION WHICH IS BASED ON THE RECIPIENT' S OWN EMPLOYMENT RECORD IN ONE MEMBER STATE AND, ON THE OTHER, A SURVIVOR' S PENSION BASED ON THE EMPLOYMENT RECORD OF THE RECIPIENT' S DECEASED HUSBAND IN ANOTHER MEMBER STATE . AS THE FINAL SENTENCE OF ARTICLE 12*(2 ) OF REGULATION NO 1408/71 IS NOT APPLICABLE, THE NATIONAL RULES FOR PREVENTING THE OVERLAPPING OF BENEFITS MAY THEREFORE, ACCORDING TO THE FIRST SENTENCE
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OF ARTICLE 12*(2 ), ALSO BE RELIED UPON AGAINST A PERSON RECEIVING BENEFITS UNDER THE RULES LAID DOWN IN ARTICLE 46 OF REGULATION NO 1408/71 .
14 THE REPLY TO THE FIRST QUESTION MUST THEREFORE BE THAT WHERE THE WIDOW OF A MIGRANT WORKER HAS BECOME ENTITLED TO AN INVALIDITY PENSION IN HER OWN RIGHT UNDER THE LEGISLATION OF A SINGLE MEMBER STATE AND IN ANOTHER MEMBER STATE CLAIMS A SURVIVOR' S PENSION TO WHICH SHE HAS BECOME ENTITLED UNDER THE LEGISLATION OF THAT MEMBER STATE ALONE, REGULATION NO 1408/71 DOES NOT PRECLUDE THE APPLICATION OF THE LATTER MEMBER STATE' S RULES FOR PREVENTING THE OVERLAPPING OF NATIONAL AND FOREIGN BENEFITS .
THE SECOND AND THIRD QUESTIONS
15 THE SECOND AND THIRD QUESTIONS RELATE SOLELY TO THE QUESTION OF THE CLASSIFICATION, FOR THE PURPOSES OF THE ANTI-OVERLAPPING RULES APPLIED BY A MEMBER STATE PROVIDING A SURVIVOR' S PENSION TO WHICH THE RECIPIENT BECAME ENTITLED SOLELY UNDER THE LEGISLATION OF THAT STATE, OF AN INVALIDITY PENSION PAID BY ANOTHER MEMBER STATE .
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16 IT MUST BE POINTED OUT THAT SUCH QUESTIONS OF CLASSIFICATION ARE GOVERNED BY NATIONAL LAW ALONE . IT IS THEREFORE FOR THE NATIONAL COURT OR TRIBUNAL TO DETERMINE THE SUBSTANCE OF, AND TO INTERPRET THE PROVISIONS OF, ITS OWN LEGISLATION AS REGARDS THE OVERLAPPING OF BENEFITS .
17 THE REPLY TO THE SECOND AND THIRD QUESTIONS MUST THEREFORE BE THAT THE CLASSIFICATION, FOR THE PURPOSES OF THE ANTI-OVERLAPPING RULES APPLIED BY A MEMBER STATE PROVIDING A SURVIVOR' S PENSION