ECJ Regulations (EEC) Nos 1408/71 and 574/72 – Family benefits – Child-raising allowance – Entitlement to benefits of the same kind in the Member State of employment and the Member State of residence.
Grand Chamber – The claim related to Austrian women working in Austria but living in Germany with their German husbands who worked in Germany. They were on unpaid maternity leave and the issue was whether Germany or Austria was responsible for paying family benefits.
Held: ‘a person has the status of an ’employed person’ within the meaning of Regulation No 1408/71 where he is covered, even if only in respect of a single risk, on a compulsory or optional basis, by a general or special social security scheme mentioned in article 1(a) of that Regulation, irrespective of the existence of an employment relationship.’
Citations:
[2005] ECR I-5065, [2005] EUECJ C-543/03
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: 30 June 2022; Ref: scu.226013