TO THE ' ALGEMENE BIJSTANDSWET ' ( THE GENERAL LAW RELATING TO SOCIAL ASSISTANCE ); THE NATIONAL COURT WAS OF THE OPINION THAT THE LAST TWO LAWS ARE NOT SOCIAL SECURITY LEGISLATION BUT SOCIAL ASSISTANCE LEGISLATION , THE ADMINISTRATION WHEREOF IS ENTRUSTED TO THE LOCAL AUTHORITIES AND NOT TO THE SOCIAL SECURITY INSTITUTIONS .
5 IT HAS THEREFORE ASKED WHETHER THE NETHERLANDS LAWS RELATING TO SOCIAL ASSISTANCE WHICH APPLY TO WORKERS WHO ARE UNEMPLOYED ALLOW OF RELIANCE ON ARTICLE 69 OF REGULATION NO 1408/71 AND WHETHER PERSONS SUCH AS THE PLAINTIFF SATISFY ' THE CONDITIONS OF THE LEGISLATION OF A MEMBER STATE ( THE NETHERLANDS ) FOR ENTITLEMENT TO UNEMPLOYMENT BENEFITS WITHIN THE MEANING OF THE REGULATION RELIED ON , REGULATION NO 1408/71 , WITH ALL ENSUING CONSEQUENCES FOR THE TRANSFERABILITY OF HER ENTITLEMENT TO UNEMPLOYMENT BENEFITS TO ANOTHER MEMBER STATE ( BELGIUM ) WHERE SUCH BENEFITS ARE INDEED SOCIAL SECURITY BENEFITS ' .
6 ARTICLE 4 ( 1 ) OF REGULATION NO 1408/71 PROVIDES THAT ' THIS REGULATION SHALL APPLY TO ALL LEGISLATION CONCERNING THE FOLLOWING BRANCHES OF SOCIAL SECURITY : . . . ( G ) UNEMPLOYMENT BENEFITS ' , WHILST THE FOURTH PARAGRAPH THEREOF EXCLUDES SOCIAL AND MEDICAL ASSISTANCE FROM ITS FIELD OF APPLICATION .
7 ARTICLE 5 OF THAT REGULATION PROVIDES THAT : ' THE MEMBER STATES SHALL SPECIFY THE LEGISLATION AND SCHEMES REFERRED TO IN ARTICLE 4 ( 1 ) AND ( 2 ) . . . . IN DECLARATIONS TO BE NOTIFIED AND PUBLISHED IN ACCORDANCE WITH ARTICLE 96 ' .
8 IN THE NETHERLANDS DECLARATION OJ C 12 OF 24 . 3 . 1973 ) THE ' WET WERKLOOSHEIDSVOORZIENING ' AS WELL AS THE ' WERKLOOSHEIDSWET ' ARE LISTED UNDER HEADING ' ( D ) UNEMPLOYMENT BENEFITS ' .
9 THE FACT THAT A NATIONAL LAW OR REGULATION HAS NOT BEEN SPECIFIED IN THE DECLARATIONS REFERRED TO IN ARTICLE 5 OF THE REGULATION IS NOT OF ITSELF PROOF THAT LAW OR REGULATION DOES NOT FALL WITHIN THE FIELD OF APPLICATION OF THE SAID REGULATION ; ON THE OTHER HAND , THE FACT THAT A MEMBER STATE HAS SPECIFIED A LAW IN ITS DECLARATION MUST BE ACCEPTED AS PROOF THAT THE BENEFITS GRANTED ON THE BASIS OF THAT LAW ARE SOCIAL SECURITY BENEFITS WITHIN THE MEANING OF REGULATION NO 1408/71 .
10 THIS MUST THEREFORE BE THE ANSWER TO THE QUESTION REFERRED .
Decision on costs
COSTS
11 THE COSTS INCURRED BY THE GOVERNMENT OF THE KINGDOM OF THE NETHERLANDS AND BY THE COMMISSION , WHICH HAVE SUBMITTED OBSERVATIONS TO THE COURT , ARE NOT RECOVERABLE .
12 AS THESE PROCEEDINGS ARE , IN SO FAR AS THE PARTIES TO THE MAIN ACTION ARE CONCERNED , IN THE NATURE OF A STEP IN THE ACTION PENDING BEFORE THE NATIONAL COURT , COSTS ARE A MATTER FOR THAT COURT .
Operative part
ON THOSE GROUNDS ,
THE COURT
IN ANSWER TO THE QUESTION REFERRED TO IT BY THE ARBEIDSRECHTBANK ( LABOUR COURT ) OF HASSELT