A DEPENDANT OF HER FATHER IN ORDER TO RECEIVE SOCIAL SECURITY BENEFITS ON HER RETURN TO FRANCE , THE QUESTION AROSE WHETHER SHE MIGHT NOT BE ENTITLED TO CLAIM THE BENEFITS IN HER OWN RIGHT BY VIRTUE OF REGULATION NO 1408/71 BECAUSE SHE COULD HAVE BEEN REGARDED AS AN INSURED PERSON UNDER THAT REGULATION FOR THE DURATION OF HER STAY IN GREAT BRITAIN IN ACCORDANCE WITH THE LOCAL LEGISLATION WITH THE RESULT THAT THAT INSURANCE PERIOD WOULD HAVE TO BE ASSIMILATED TO THE REFERENCE PERIOD LAID DOWN BY FRENCH LAW .
8IN ORDER TO SETTLE THIS POINT OF LAW THE COUR DE CASSATION ASKS :
' 1 . WHETHER A NATIONAL OF A MEMBER STATE WHO , WHILE RESIDING IN THE TERRITORY OF ANOTHER MEMBER STATE FOR THE PURPOSES OF WORKING THERE AU PAIR AND , AT THE SAME TIME , OF FOLLOWING A PART-TIME COURSE OF STUDY , RECEIVES IN THAT STATE SOCIAL SECURITY BENEFITS IN KIND , IS A MIGRANT WORKER WITHIN THE MEANING OF ARTICLE 1 OF REGULATION NO 1408/71 ;
2 . WHETHER THE RIGHTS ACQUIRED BY SUCH A NATIONAL DURING HIS STAY MUST BE TAKEN INTO ACCOUNT BY ANY OTHER MEMBER STATE AS IF THEY WERE PERIODS LAID DOWN FOR THE ACQUISITION OF A RIGHT UNDER ITS OWN LEGISLATION ' .
9ACCORDING TO THE WORDING OF ARTICLE 2 OF REGULATION NO 1408/71 THE REGULATION IS APPLICABLE IN PARTICULAR TO WORKERS WHO ARE OR HAVE BEEN SUBJECT TO THE LEGISLATION OF ONE OR MORE MEMBER STATES AND WHO ARE NATIONALS OF ONE OF THE MEMBER STATES .
10UNDER ARTICLE 1 ( A ) ( II ) OF THE REGULATION ' WORKER ' MEANS INTER ALIA ' ANY PERSON WHO IS COMPULSORILY INSURED FOR ONE OR MORE OF THE CONTINGENCIES COVERED BY THE BRANCHES OF SOCIAL SECURITY DEALT WITH IN THIS REGULATION , UNDER A SOCIAL SECURITY SCHEME FOR ALL RESIDENTS OR FOR THE WHOLE WORKING POPULATION IF SUCH PERSON :
- CAN BE IDENTIFIED AS AN EMPLOYED PERSON BY VIRTUE OF THE MANNER IN WHICH SUCH SCHEME IS ADMINISTERED OR FINANCED ; OR
- FAILING SUCH CRITERIA , IS INSURED FOR SOME OTHER CONTINGENCY SPECIFIED IN ANNEX V UNDER A SCHEME FOR EMPLOYED PERSONS , EITHER COMPULSORILY OR ON AN OPTIONAL CONTINUED BASIS ' .
11AS REGARDS THE UNITED KINGDOM THE FOLLOWING PROVISION WAS ADDED TO ANNEX V OF THE REGULATION BY THE ACT OF ACCESSION :
' ALL PERSONS REQUIRED TO PAY CONTRIBUTIONS AS EMPLOYED WORKERS SHALL BE REGARDED AS WORKERS FOR THE PURPOSES OF ARTICLE 1 ( A ) ( II ) OF THE REGULATION ' ( OFFICIAL JOURNAL , ENGLISH SPECIAL EDITION , 27 MARCH 1972 , P . 113 ).
12FROM ALL THESE PROVISIONS IT FOLLOWS THAT WHATEVER THE OCCUPATIONAL STATUS OF A NATIONAL OF A MEMBER STATE WHO HAS RESIDED IN GREAT BRITAIN IN CONDITIONS SUCH THAT HE WAS SUBJECT TO A SOCIAL SECURITY SCHEME APPLICABLE TO ALL RESIDENTS , THE APPLICABILITY TO HIM OF REGULATION NO 1408/71 DEPENDS ON WHETHER