OF SUBSISTENCE IN A GENERAL MANNER SUCH AS THAT PROVIDED FOR BY THE BELGIAN LAW OF 7 AUGUST 1974 FALLS WITHIN THE MATERIAL SCOPE OF REGULATION NO 1408/71 AS DEFINED BY ARTICLE 4 ( 1 ) AND ( 2 ) OF THE REGULATION .
10 UNDER ARTICLE 4 ( 1 ) OF REGULATION NO 1408/71 , THE REGULATION IS TO APPLY TO ALL LEGISLATION OF THE MEMBER STATES CONCERNING THE BRANCHES OF SOCIAL SECURITY LISTED IN ARTICLE 4 ( 1 ) ( A ) TO ( H ), WHEREAS ARTICLE 4 ( 4 ) STATES THAT THE REGULATION IS NOT TO APPLY , INTER ALIA , TO ' SOCIAL AND MEDICAL ASSISTANCE ' .
11 THE COURT HAS STATED IN A NUMBER OF DECISIONS THAT THE DISTINCTION BETWEEN BENEFITS WHICH ARE EXCLUDED FROM THE SCOPE OF REGULATION NO 1408/71 AND BENEFITS WHICH COME WITHIN IT RESTS ENTIRELY ON THE FACTORS RELATING TO EACH BENEFIT , IN PARTICULAR ITS PURPOSE AND THE CONDITIONS FOR ITS GRANT , AND NOT ON WHETHER THE NATIONAL LEGISLATION DESCRIBES THE BENEFIT AS A SOCIAL SECURITY BENEFIT OR NOT .
12 ALTHOUGH IT IS POSSIBLE THAT BECAUSE OF THE CLASSES OF PERSONS TO WHICH THEY APPLY , THEIR OBJECTIVES AND THE DETAILED RULES FOR THEIR APPLICATION , CERTAIN LAWS MAY SIMULTANEOUSLY CONTAIN ELEMENTS BELONGING TO BOTH THE CATEGORIES MENTIONED AND THUS DEFY ANY GENERAL CLASSIFICATION , IT MUST BE STATED THAT IN ORDER TO FALL WITHIN THE FIELD OF SOCIAL SECURITY COVERED BY REGULATION NO 1408/71 , THE LEGISLATION AT ISSUE MUST IN ANY EVENT SATISFY , IN PARTICULAR , THE CONDITION OF COVERING ONE OF THE RISKS SPECIFIED IN ARTICLE 4 ( 1 ) OF THE REGULATION . IT FOLLOWS THAT THE LIST OF RISKS CONTAINED IN THAT PARAGRAPH IS EXHAUSTIVE AND THAT AS A RESULT A BRANCH OF SOCIAL SECURITY NOT MENTIONED IN THE LIST DOES NOT FALL WITHIN THAT CATEGORY EVEN IF IT CONFERS UPON INDIVIDUALS A LEGALLY DEFINED POSITION ENTITLING THEM TO BENEFITS .
13 AS IS CLEAR FROM DOCUMENTS BEFORE THE COURT , THE ' MINIMEX ' IS CHARACTERIZED ON THE ONE HAND BY THE FACT THAT IT CONFERS UPON RECIPIENTS A LEGALLY DEFINED POSITION AND , ON THE OTHER , BY THE FACT THAT IT IS GRANTED TO ANY PERSON WHO DOES NOT HAVE ADEQUATE MEANS AND IS UNABLE TO ' OBTAIN THEM EITHER BY HIS OWN EFFORTS OR IN ANY OTHER WAY ' ( ARTICLE 1 ( 1 ) OF THE LAW OF 7 AUGUST 1974 ); IT THUS ADOPTS NEED AS AN ESSENTIAL CRITERION FOR ITS APPLICATION AND DOES NOT MAKE ANY STIPULATIONS AS TO PERIODS OF WORK , CONTRIBUTION OR AFFILIATION TO ANY PARTICULAR SOCIAL SECURITY BODY COVERING A SPECIFIC RISK . A CLAIMANT NEED ONLY SHOW THAT ' HE IS PREPARED TO ACCEPT WORK ' UNLESS PREVENTED BY HIS STATE OF HEALTH OR COMPELLING SOCIAL REASONS ; FURTHERMORE , HE IS REQUIRED TO EXERCISE HIS RIGHTS TO SOCIAL BENEFITS OR EVEN ANY RIGHTS TO MAINTENANCE IF