ECJ Social security for migrant workers – invalidity insurance – benefits – right – acquisition – receipt of sickness benefit as a condition imposed by the legislation of a member state – insurance periods completed – aggregation – claim for benefit – submission – rules (Regulation No 1408/71 of the council, article 45)
Article 45 of regulation no 1408/71 must be understood to mean that where the legislation of a member state makes the acquisition of a right to invalidity benefit conditional upon the person concerned having been entitled to sickness benefit under that legislation for a given period in the immediately proceding period – that condition being subject to so far as material (a) the completion of insurance periods (b) the making of a claim therefor in a prescribed manner and within a prescribed time –
(i) the competent institution of the said member state shall take into account insurance periods completed under the legislation of any member state as though they had been completed under the legislation which it administers;
(ii) the condition that a claim must be made in a prescribed manner and within a prescribed time shall be regarded as satisfied in so far as such a claim has been duly made in accordance with the legislation of the state of residence.
Citations:
R-41/77, [1977] EUECJ R-41/77
Links:
Statutes:
Jurisdiction:
European
Benefits
Updated: 12 December 2022; Ref: scu.214586
