, THE PAYMENT OF THE BENEFIT TO A PERSON WHO PROVIDES CARE STILL DEPENDS ON THE EXISTENCE OF A SITUATION OF INVALIDITY INASMUCH AS SUCH A SITUATION IS A CONDITION SINE QUA NON FOR ITS PAYMENT , AS THE ADJUDICATION OFFICER ADMITTED DURING THE ORAL PROCEDURE . IT MUST ALSO BE EMPHASIZED THAT THERE IS A CLEAR ECONOMIC LINK BETWEEN THE BENEFIT AND THE DISABLED PERSON , SINCE THE DISABLED PERSON DERIVES AN ADVANTAGE FROM THE FACT THAT AN ALLOWANCE IS PAID TO THE PERSON CARING FOR HIM .
25 IT FOLLOWS THAT THE FACT THAT A BENEFIT WHICH FORMS PART OF A STATUTORY INVALIDITY SCHEME IS PAID TO A THIRD PARTY AND NOT DIRECTLY TO THE DISABLED PERSON DOES NOT PLACE IT OUTSIDE THE SCOPE OF DIRECTIVE 79/7 . OTHERWISE , AS THE COMMISSION EMPHASIZED IN ITS OBSERVATIONS , IT WOULD BE POSSIBLE , BY MAKING FORMAL CHANGES TO EXISTING BENEFITS COVERED BY THE DIRECTIVE , TO REMOVE THEM FROM ITS SCOPE .
26 THE ANSWER TO THE FIRST QUESTION REFERRED BY THE CHIEF SOCIAL SECURITY COMMISSIONER MUST THEREFORE BE THAT A BENEFIT PROVIDED BY A MEMBER STATE AND PAID TO A PERSON CARING FOR A DISABLED PERSON FORMS PART OF A STATUTORY SCHEME PROVIDING PROTECTION AGAINST INVALIDITY WHICH IS COVERED BY DIRECTIVE 79/7 PURSUANT TO ARTICLE 3 ( 1 ) ( A ) OF THAT DIRECTIVE .
QUESTION 2
27 SINCE QUESTION 1 HAS BEEN ANSWERED IN THE AFFIRMATIVE , IT IS NECESSARY TO EXAMINE QUESTION 2 , WHICH CONCERNS THE ISSUE WHETHER DISCRIMINATION ON GROUNDS OF SEX CONTRARY TO ARTICLE 4 ( 1 ) OF DIRECTIVE 79/7 ARISES WHERE LEGISLATION PROVIDES THAT A BENEFIT WHICH FORMS PART OF ONE OF THE STATUTORY SCHEMES REFERRED TO IN ARTICLE 3 ( 1 ) OF THE DIRECTIVE IS NOT PAYABLE TO A MARRIED WOMAN WHO LIVES WITH OR IS MAINTAINED BY HER HUSBAND , ALTHOUGH IT IS PAID IN CORRESPONDING CIRCUMSTANCES TO A MARRIED MAN .
28 MRS DRAKE , THE COMMISSION AND THE ADJUDICATION OFFICER ALL SUGGEST THAT THAT QUESTION SHOULD BE ANSWERED IN THE AFFIRMATIVE .
29 MRS DRAKE AND THE COMMISSION ARGUE THAT THE EXCLUSION OF MARRIED WOMEN FROM SUCH A BENEFIT , WHERE MARRIED MEN RESIDING WITH THEIR WIVES ARE NOT EXCLUDED , CONSTITUTES A CLEAR EXAMPLE OF DIRECT DISCRIMINATION ON GROUNDS OF SEX .
30 THE ADJUDICATION OFFICER HIMSELF HAS RECOGNIZED THAT THE PROVISION GOVERNING THE BENEFIT IN QUESTION PLACES CERTAIN CATEGORIES OF WOMEN ( MARRIED WOMEN LIVING WITH THEIR HUSBANDS AND WOMEN WHO LIVE WITH A MAN AS HUSBAND AND WIFE ) AT A DISADVANTAGE BY PRECLUDING THEM FROM OBTAINING THAT BENEFIT .
31 IT SHOULD BE NOTED THAT ARTICLE 4 ( 1 ) OF DIRECTIVE 79/7 PROVIDES THAT THE IMPLEMENTATION OF THE PRINCIPLE OF EQUAL TREATMENT , WITH REGARD IN PARTICULAR TO THE SCOPE OF SCHEMES AND THE CONDITIONS OF ACCESS TO THEM , MEANS THAT THERE SHOULD BE NO DISCRIMINATION WHATSOEVER ON GROUNDS OF SEX .
32 THAT PROVISION EMBODIES THE AIM