Europa An invalidity benefit paid by a Member State to a migrant worker is to be regarded as determined in accordance with Article 46 of Regulation No 1408/71 even if its amount, calculated in accordance with the rules of national law, including the national provisions against overlapping, is equal to the amount calculated in accordance with the rules of Article 46 of that regulation, including the rule against overlapping set out in Article 46(3).
It follows that the adjustment of such a benefit is subject to the rules laid down by Article 51 of that regulation, under which a recalculation may be made only in the event of an alteration in the method of determining benefits or in the rules for calculating the benefits, and not to provisions of national law which provide for the recalculation of the national benefit in order to take account of variations in a benefit accorded by another Member State which are attributable in particular to fluctuations in average exchange rates or the general evolution of the economic and social situation in that State.
Citations:
C-193/92, [1993] EUECJ C-193/92
Links:
European
Updated: 03 June 2022; Ref: scu.160934