COMMUNITY REQUIRE THAT CURRENT BENEFITS ( CALCULATED SOLELY ON THE BASIS OF NATIONAL LAW OR UNDER THE RULES CONTAINED IN ARTICLE 46 OF REGULATION NO 1408/71 ) WHOSE AMOUNT IS DEPENDENT AT THE TIME THEY ARE AWARDED INTER ALIA ON THE AMOUNT OF ONE OR MORE BENEFITS DUE UNDER THE LEGISLATION OF ONE OR MORE MEMBER STATES SHOULD BE CALCULATED PERIODICALLY IN ACCORDANCE OR BY ANALOGY WITH THE PROVISIONS CONTAINED IN ARTICLE 107 OF REGULATION NO 574/72 IN VIEW OF CHANGES IN THE EXCHANGE RATES?
IF SO , WHEN THOSE PERIODICAL RECALCULATIONS ARE MADE , SHOULD
( A ) ACCOUNT BE TAKEN OF THE AMOUNT OF THE FOREIGN BENEFIT OR BENEFITS APPLICABLE ON THE DATE OF THE RECALCULATION NOTWITHSTANDING THE PROVISIONS CONTAINED IN ARTICLE 51 OF REGULATION NO 1408/71 ;
( B)A COMPARISON BE MADE ON EACH OCCASION BETWEEN THE AMOUNT OF BENEFIT DUE UNDER NATIONAL LAW AND THE AMOUNT CALCULATED IN ACCORDANCE WITH THE RULES CONTAINED IN ARTICLE 46 OF REGULATION NO 1408/71?
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FIRST QUESTION
10 IT IS APPARENT FROM THE SUPPLEMENTARY ORDER OF THE CENTRALE RAAD VAN BEROEP THAT THE FIRST QUESTION CONCERNS CASES IN WHICH THE BENEFITS AT ISSUE MAY BE REGARDED AS BEING OF A DIFFERENT KIND . IN THOSE CIRCUMSTANCES IT APPEARS THAT THE FIRST QUESTION FALLS INTO TWO PARTS : THE FIRST AS TO WHETHER A RETIREMENT PENSION GRANTED TO THE WIDOW OF A WORKER PURSUANT TO UNITED KINGDOM LEGISLATION AND A NETHERLANDS WIDOW ' S PENSION GRANTED PURSUANT TO THE WIDOWS AND ORPHANS LAW ARE BENEFITS OF THE SAME KIND UNDER COMMUNITY LAW ; THE SECOND PART , WHICH DEPENDS UPON THE ANSWER GIVEN TO THE FIRST PART OF THE QUESTION , SEEKS TO DETERMINE WHETHER NATIONAL PROVISIONS AGAINST OVERLAPPING BENEFITS OR THOSE CONTAINED IN ARTICLE 46 OF REGULATION NO 1408/71 SHOULD BE APPLIED .
11 IN REPLY TO THE FIRST PART OF THE QUESTION THE UNITED KINGDOM AUTHORITIES HAVE OBSERVED THAT THE RETIREMENT PENSION CANNOT BE CONSIDERED A SURVIVOR ' S BENEFIT . IT IS A RETIREMENT PENSION TO WHICH ALL MARRIED WOMEN ARE ENTITLED IN THEIR OWN RIGHT EVEN THOUGH IT IS AWARDED ON THE BASIS OF THE INSURANCE AND SOCIAL SECURITY CONTRIBUTIONS OF THE HUSBAND . THE FACT THAT THE AMOUNT OF THE BENEFIT IS RECALCULATED AND INCREASED BY REASON OF THE DEATH OF THE HUSBAND HAS NO EFFECT ON THE NATURE OF THE BENEFIT .
12 IT SHOULD FIRST BE NOTED THAT ACCORDING TO THE TERMS OF PARAGRAPH 9 OF PART G OF ANNEX V TO REGULATION NO 1408/71 , INVALIDITY , OLD AGE AND WIDOWS ' PENSIONS AWARDED UNDER UNITED KINGDOM LEGISLATION MUST BE REGARDED AS BENEFITS OF THE SAME KIND .
13 IT MAY THEN BE OBSERVED THAT , IRRESPECTIVE OF THE CHARACTERISTICS PECULIAR TO THE VARIOUS NATIONAL LAWS , SOCIAL SECURITY BENEFITS MUST BE CONSIDERED AS BEING OF THE SAME KIND WHEN THEIR PURPOSE AND BASIS OF CALCULATION ARE THE SAME .
14 IN THAT RESPECT , BENEFITS ACQUIRED UNDER THE LEGISLATION OF TWO