Vera Hoeckx v Openbaar Centrum voor Maatschappelijk Welzijn, Kalmthout.
Date: 1985-03-27
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 THE PUBLIC SOCIAL WELFARE CENTRE CONSIDERS IT NECESSARY ( ARTICLE 6 ( 1 ) AND ( 2 ) OF THE 1974 LAW ).
14 IT FOLLOWS THAT AN ALLOWANCE LIKE THE ONE AT ISSUE , BEING A GENERAL SOCIAL BENEFIT , CANNOT BE CLASSIFIED UNDER ONE OF THE BRANCHES OF SOCIAL SECURITY LISTED IN ARTICLE 4 ( 1 ) OF REGULATION NO 1408/71 AND THEREFORE DOES NOT CONSTITUTE A SOCIAL SECURITY BENEFIT WITHIN THE SPECIFIC MEANING OF THE REGULATION .
20 AS THE COURT HAS STATED IN A NUMBER OF DECISIONS , IT FOLLOWS FROM THAT REGULATION AS A WHOLE AND FROM THE OBJECTIVE PURSUED THAT THE ADVANTAGES WHICH THAT REGULATION EXTENDS TO WORKERS WHO ARE NATIONALS OF OTHER MEMBER STATES ARE ALL THOSE WHICH , WHETHER OR NOT LINKED TO A CONTRACT OF EMPLOYMENT , ARE GENERALLY GRANTED TO NATIONAL WORKERS PRIMARILY BECAUSE OF THEIR OBJECTIVE STATUS AS WORKERS OR BY VIRTUE OF THE MERE FACT OF THEIR RESIDENCE ON THE NATIONAL TERRITORY AND WHOSE EXTENSION TO WORKERS WHO ARE NATIONALS OF OTHER MEMBER STATES THEREFORE SEEMS LIKELY TO FACILITATE THE MOBILITY OF SUCH WORKERS WITHIN THE COMMUNITY .