SHE IS NOT MARRIED ARE LIVING TOGETHER AS HUSBAND AND WIFE .
5 ON 5 FEBRUARY 1985 MRS DRAKE APPLIED FOR THE ALLOWANCE IN RESPECT OF THE CARE PROVIDED BY HER TO HER MOTHER . THE ADJUDICATION OFFICER RESPONSIBLE FOR THE AWARD OF THE BENEFIT STATED THAT UNDER SECTION 37 ( 3 ) ( A ) ( I ) THE BENEFIT WAS NOT PAYABLE TO A MARRIED WOMAN RESIDING WITH HER HUSBAND . IN ORDER TO ACCELERATE THE PROCEEDINGS , HOWEVER , HE REFERRED THE CLAIM TO THE SOCIAL SECURITY APPEAL TRIBUNAL .
6 BY A DECISION OF 1 MARCH 1985 THE TRIBUNAL HELD THAT THAT RULE CONSTITUTED DISCRIMINATION ON GROUNDS OF SEX CONTRARY TO DIRECTIVE 79/7 . THE ADJUDICATION OFFICER APPEALED AGAINST THAT DECISION TO THE CHIEF SOCIAL SECURITY COMMISSIONER . IN HIS ORDER REFERRING THE MATTER TO THE COURT OF JUSTICE , THE CHIEF SOCIAL SECURITY COMMISSIONER STATES THAT THE SOLE POINT AT ISSUE BETWEEN THE PARTIES CONCERNS SECTION 37 ( 3 ) ( A ) ( I ) OF THE SOCIAL SECURITY ACT 1975 AND THAT THE OTHER CONDITIONS LAID DOWN IN THAT ACT FOR THE GRANT OF THE INVALID CARE ALLOWANCE ARE FULFILLED .
7 THE CHIEF SOCIAL SECURITY COMMISSIONER ALSO STATES IN HIS ORDER THAT SECTION 37 ( 3 ) OF THE ACT HAS NOT BEEN REPEALED OR AMENDED SINCE THE ENTRY INTO FORCE OF DIRECTIVE 79/7 , THE RELEVANT PROVISIONS OF WHICH ARE SET OUT BELOW .
8 ARTICLE 1 STATES THAT THE PURPOSE OF THE DIRECTIVE IS THE :
' . . . PROGRESSIVE IMPLEMENTATION , IN THE FIELD OF SOCIAL SECURITY AND OTHER ELEMENTS OF SOCIAL PROTECTION PROVIDED FOR IN ARTICLE 3 , OF THE PRINCIPLE OF EQUAL TREATMENT FOR MEN AND WOMEN IN MATTERS OF SOCIAL SECURITY , HEREINAFTER REFERRED TO AS THE ' ' PRINCIPLE OF EQUAL TREATMENT ' ' ' .
ACCORDING TO ARTICLE 2 , THE DIRECTIVE APPLIES TO :
' . . . THE WORKING POPULATION - INCLUDING SELF-EMPLOYED PERSONS , WORKERS AND SELF-EMPLOYED PERSONS WHOSE ACTIVITY IS INTERRUPTED BY ILLNESS , ACCIDENT OR INVOLUNTARY UNEMPLOYMENT AND PERSONS SEEKING EMPLOYMENT - AND TO RETIRED OR INVALIDED WORKERS AND SELF-EMPLOYED PERSONS ' .
UNDER ARTICLE 3 ( 1 ), THE DIRECTIVE APPLIES TO :
' ( A ) STATUTORY SCHEMES WHICH PROVIDE PROTECTION AGAINST THE FOLLOWING RISKS :
- SICKNESS ,
- INVALIDITY ,
- OLD AGE ,
- ACCIDENTS AT WORK AND OCCUPATIONAL DISEASES ,
- UNEMPLOYMENT ;
( B ) SOCIAL ASSISTANCE , IN SO FAR AS IT IS INTENDED TO SUPPLEMENT OR REPLACE THE SCHEMES REFERRED TO IN ( A ) ' .
ARTICLE 4 ( 1 ) PROVIDES THAT :
' THE PRINCIPLE OF EQUAL TREATMENT MEANS THAT THERE SHALL BE NO DISCRIMINATION WHATSOEVER ON GROUND OF SEX EITHER DIRECTLY , OR INDIRECTLY BY REFERENCE IN PARTICULAR TO MARITAL OR FAMILY STATUS , IN PARTICULAR AS CONCERNS :
- THE SCOPE OF THE SCHEMES AND THE CONDITIONS OF ACCESS THERETO ,
- THE OBLIGATION