ECJ (Opinion) Social security – Regulation (EEC) No 1408/71 – Sickness benefit – Former migrant worker who has acquired a right in the State of employment to cover the risk of dependence on compulsory affiliation – Return to the State of origin – Absence of coverage of the risk of dependency in the State of origin – Possibility of maintaining, on an optional basis, affiliation to the long-term care insurance scheme in the former State of employment And to obtain the payment of the dependency allowance in the State of origin
The Court observed that benefits relating to the risk of reliance on care, unlike sickness benefits, were not intended to be paid on a short term basis and might, in the detail of their application, display characteristics resembling invalidity and old age benefits.
Citations:
C-388/09, [2011] EUECJ C-388/09
Links:
Jurisdiction:
European
Cited by:
Cited – Secretary of State for Work and Pensions v Tolley SC 29-Jul-2015
The Court was asked whether the United Kingdom is precluded, by Council Regulation (EC) No 1408/71 on the application of social security schemes to employed persons, self-employed persons and members of their families moving within the Community, . .
Lists of cited by and citing cases may be incomplete.
Benefits
Updated: 31 August 2022; Ref: scu.428017