ECJ The application of regulation no 1408/71 is not limited to workers or their survivors who have been employed in several member states or who are, or have been, employed in one state whilst residing in another. The regulation also applies even when the residence in another member state was not that of the worker himself but of a survivor of his.
In the system established by regulation no 1408/71 family allowances are generated by an actual occupation ( even if the worker is no longer engaged in such occupation ) and the direct and sole recipient is the worker himself.
The direct and sole recipient of the orphans ‘ pension is the orphan himself and the pension, like other survivors ‘ benefits, constitutes the projection in time of a prior occupation, pursuit of which ceased on the death of the worker.
The right to the benefits referred to in article 79(3) of regulation no 1408/71 is to be suspended, pursuant to the provisions of that paragraph, in order to prevent duplication of benefits only in so far as that right overlaps rights to benefits of the same kind acquired by virtue of the pursuit of a professional or trade activity.
Citations:
R-115/77, [1978] EUECJ R-115/77
Links:
European
Updated: 21 June 2022; Ref: scu.214729
