INDIVIDUAL CASE - A CHARACTERISTIC FEATURE WITH ASSISTANCE - CONFERRING ON THE PERSONS ENTITLED A LEGALLY DEFINED STATUS, THEN IT FALLS WITHIN THE SYSTEM OF SOCIAL SECURITY, WITHIN THE MEANING OF THE COMMUNITY REGULATIONS .
11 THIS IS THE CASE WHERE LEGISLATION PROVIDES SUPPLEMENTARY BENEFITS LINKED TO A CERTAIN DEGREE OF INVALIDITY AND HAVING THE PURPOSE OF INCREASING THE AMOUNT OF AN INVALIDITY PENSION .
12 THE FACT THAT THE SAME LAW ALSO PROVIDES BENEFICIARIES WITH ADVANTAGES THAT COME CLOSE TO THE CONCEPT OF ASSISTANCE CANNOT ALTER, FOR THE PURPOSES OF THE COMMUNITY REGULATIONS THE INTRINSIC SOCIAL SECURITY CHARACTER OF A BENEFIT LINKED TO AN INVALIDITY PENSION OF WHICH IT IS AN AUTOMATIC APPENDAGE .
13 UNDER THE TERMS OF ARTICLE 2 ( 1 ) ( B ), REGULATION NO 3 APPLIES TO ALL 'INVALIDITY BENEFITS, INCLUDING BENEFITS GRANTED FOR THE PURPOSE OF MAINTAINING OR IMPROVING EARNING CAPACITY '.
14 UNDER ARTICLE 1 ( S ) OF THE SAME REGULATION, THE TERM 'BENEFITS' MUST BE UNDERSTOOD IN THE WIDEST POSSIBLE SENSE AS REFERRING TO ALL BENEFITS 'INCLUDING ALL FRACTIONS THEREOF, CHARGEABLE TO PUBLIC FUNDS, INCREMENTS, REVALUATION ALLOWANCES OR SUPPLEMENTARY ALLOWANCES '.
15 ACCORDINGLY, IN THE CASE OF AN EMPLOYED PERSON OF SOMEONE ASSIMILATED THERETO WHO IS IN A MEMBER STATE BENEFITS FROM AN INVALIDITY PENSION, A LEGISLATION WHICH BY REASON OF THIS PENSION CONFERS ON HIM A RIGHT TO A LEGALLY PROTECTED SUPPLEMENTARY ALLOWANCE FALLS, INSOFAR AS THIS PERSON IS CONCERNED, WITHIN THE FIELD OF SOCIAL SECURITY WITHIN THE MEANING OF ARTICLE 51 OF THE TREATY AND OF THE REGULATIONS FOR CARRYING THIS PROVISION INTO EFFECT .
16 ONE CAN THEREFORE CONCLUDE THAT A SUPPLEMENTARY ALLOWANCE, PAID BY A NATIONAL SOLIDARITY FUND AND GRANTED BY NATIONAL LEGISLATION BY REASON OF AN INVALIDITY PENSION TO PERSONS ENTITLED TO THIS PENSION, WHOSE WORKING CAPACITY IS REDUCED BY AT LEAST TWO-THIRDS, CONSTITUTES, TO THE EXTENT THAT THE PERSONS CONCERNED HAVE A LEGALLY PROTECTED RIGHT TO THE GRANT THEREOF, A 'BENEFIT' WITHIN THE MEANING OF ARTICLE ( 1 ) ( S ) OF REGULATION NO 3, AND FOR THAT REASON FALLS WITHIN THE MATTERS COVERED BY THIS REGULATION .
17 IT IS NOW NECESSARY TO ANSWER THE QUESTION WHETHER SUCH A BENEFIT MAY BE WITHDRAWN BECAUSE THE BENEFICIARY HAS TRANSFERRED HIS RESIDENCE TO A MEMBER STATE OTHER THAN THAT WHERE THE BENEFIT WAS ACQUIRED, WHERE NATIONAL LAW PROVIDES THAT THIS BENEFIT IS PAYABLE ONLY TO PERSONS RESIDING WITHIN THE NATIONAL TERRITORY .
18 UNDER THE PROVISIONS OF ARTICLE 10 ( 1 ) OF REGULATION NO 3, PENSIONS OR DEATH BENEFITS PAYABLE UNDER THE LEGISLATION OF ONE OR MORE MEMBER STATES SHALL NOT SUFFER REDUCTION, MODIFICATION, SUSPENSION, WITHDRAWAL OR CONFISCATION BY REASON OF THE FACT THAT THE BENEFICIARY RESIDES IN THE TERRITORY OF A MEMBER STATE OTHER THAN THAT IN WHICH THE INSTITUTION RESPONSIBLE FOR PAYMENT IS SITUATED .
19 ARTICLE 10 ( 2 ) PROVIDES THAT THE SAID PROVISION SHALL NOT APPLY TO CERTAIN BENEFITS 'INSOFAR AS THEY ARE SET OUT IN ANNEX E