ECJ The rule against overlapping payments laid down in the first sentence of article 10 (1)(a) of regulation no 574/72 applies where family benefits or family allowances are due, in pursuance of article 73 of regulation no 1408/71, in respect of a child who, as a member of the family of one of the recipients of such benefits or allowances, is a person covered by the community legislation on social security for employed persons, without there being any need to ascertain whether the other recipient who is also entitled to such benefits in respect of the same child is also covered by that legislation.
Where a family benefit is due under national legislation alone, irrespective of the children’ s place of residence and without it being necessary to invoke article 73 of regulation no 1408/71 in order to become entitled to the benefit, that benefit cannot be deemed to be due in pursuance of article 73, and the first sentence of article 10(1)(a) of regulation no 574/72 does not apply.
Judges:
Kakouris P
Citations:
C-377/85, R-377/85, [1987] EUECJ R-377/85
Links:
Jurisdiction:
European
Benefits
Updated: 22 May 2022; Ref: scu.134284
