swarb.co.uk - law index
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Benefits - From: 1960 To: 1969
This page lists 9 cases, and was prepared on 03 April 2018.
R(S) 1/63 Unreported, 1963
1963
SSC
Benefits
The claimant had written to make a claim under the Regulations: "I have received a letter about my National Insurance card. My card was lasted stamped by an employer on 4 July. I have not been employed since that date. Owing to illness I now have a small pension - is it necessary for me to stamp the card myself?" Held: The letter itself was not a claim for benefit. It made no reference to sickness benefit and nothing in its terms justified the conclusion that it is a claim for benefit. He continued: "In my view, in order for the statutory authorities to find that a claim for benefit within regulation 2(1) has been made, there must be a document or documents (on the form approved by the Minister or accepted by him as sufficient) which appear on their face to make such a claim. It may be possible, for example, by reading form Med.5 with an accompanying letter to find that together they constitute a claim. But in my view it is not permissible to interpret form Med.5, or any other document, as a claim for benefit within regulation 2(1), merely because it may be possible to infer from the surrounding circumstances that in sending form Med.5, or the other document, the claimant must have been intending to claim benefit. That a claim for benefit is intended to be made must appear on the face of the document or documents which are alleged to amount to a claim. To hold otherwise would, I consider, ignore the requirement of regulation 2(1) that every claim for benefit shall be made in writing."
National Insurance (Claims and Payments) Regulations 1948 2(1)
1 Citers
Kurt Colditz v Caisse D'Assurance Vieillesse Des Travailleurs Salaries De Paris C-9/67; R-9/67; [1967] EUECJ R-9/67
5 Jul 1967
ECJ
Benefits
EC Free movement of persons - migrant workers - insurance - system provided for by regulation no 3 - retention of separate national systems and of separate claims. Free movement of persons - migrant workers - insurance - implementation of community rules - respect for the rights to which recipients are entitled under national legislation. Free movement of persons - migrant workers - old-age and death (pensions) insurance - simultaneous payment of pensions not obligatory (regulation no 3, article 28).
Free Movement of Persons
[ Bailii ]
Ciechelski v Caisse Regionale de securite sociale du Centre d'Orleans etc; ECJ 5-Jul-1967 - C-1/67; [1967] EUECJ R-1/67
Caisse Regionale De Securite Sociale Du Nord v Goffart (Judgment) C-22/67
30 Nov 1967
ECJ
European, Benefits
Europa 1. Free movement of persons - migrant workers - insurance - benefit - aggregation and calculation pro rata - calculation of a pension the right to which is conferred in several member states but which is paid in one state only (regulation no 3, article 28(1)(b) and (f)) 1. Article 51 is intended to confer on a migrant worker the benefit arising from the community regulations without however diminishing the rights which he would have had if those regulations had not been applied. This objective would be disregarded if the worker were obliged, in order to avail himself of the freedom of movement which is guaranteed to him, as a result of the entry into force of the community regulations, to suffer the loss of rights already acquired in one of the member states under that state's own legislation. 2. Article 28(1)(f) of regulation no 3 of the EEC applies both to cases in which the person concerned does not satisfy the conditions required for the payment of benefit and to cases in which he does not satisfy the conditions for conferment of the right to such benefit. A migrant worker whose rights to an old-age pension have been calculated in accordance with the legislation of two member states under the provisions of article 28(1)(a) and (b) of regulation no 3 of the council of the EEC concerning social security for migrant workers but to whom payment of the fraction of the pension payable by one of them has been suspended, is entitled to obtain from the social security institution of the other member state an amount of pension calculated solely in accordance with the legislation of that state and taking account of the insurance periods completed under that legislation.
Argia Pagotto (nee Cossutta) v Office National des Pensions pour Ouvriers (Judgment) C-18/67
30 Nov 1967
ECJ
European, Benefits
Europa 1. Free movement of persons - migrant workers - old-age and death (pensions) insurance - calculation of benefits - application of the system provided for by articles 27 and 28 of regulation no 3 - the beneficiary's objective situation to be considered
2. Free movement of persons - migrant workers - old-age and death (pensions) insurance - system based on insurance periods - amount of retirement pension varying solely according to insurance periods completed - rights to a pension acquired by claimant without aggregation of completed periods - articles 27 and 28 of regulation no 3 not applicable
3. Free movement of persons - migrant workers - old-age and death (pensions) insurance - simultaneous determination of pensions not obligatory (regulation no 3, article 28)
4. Free movement of persons - migrant workers - old-age and death (pensions) insurance - application of the system established by regulation no 3 - guarantee for persons concerned of benefits acquired by virtue of the legislative systems of member states - options granted by such legislation - waiver not required - time for exercising options determined by national legislation (regulation no 3, articles 27 and 28)
Bestuur der Sociale Verzekeringsbank v J H van der Vecht (Rec 1967,P 445) (Nl67-432 D 67-462 I 67-408 En67-345 Dk67-411 Gr67-617 P 67-683) (Judgment) C-19/67
5 Dec 1967
ECJ
European, Benefits
Europa 1. Community law - uniform interpretation - versions existing in the four community languages to be taken into consideration 2. Free movement of persons - workers - social security - legislation applicable - employment and residence of beneficiaries in the territory of different member states - conveyance between the country of residence and country of employment - social security subject to the legislation in force in country of employment (regulation no 3, article 12) 3. Free movement of persons - workers - social security - legislation of member states other than that in which the workers are employed - legislation involving an increase in charges borne by workers without any corresponding advantage - inapplicability (regulation no 3, article 12) 4. Free movement of persons - workers - social security - administrative commission within the meaning of article 43 of regulation no 3 - courts and tribunals not bound by its decisions taken in pursuance of article 43 (a) of regulation no 3 5. Free movement of persons - workers - social security - legislation applicable - beneficiaries under article 13(a) of regulation no 3 (in the wording existing prior to the introduction of regulation no 24/64) 6. Free movement of persons - workers - social security - legislation applicable - residence of beneficiaries and registered office of undertaking by which they are employed in the territory of a member state other than that in which the work is carried out - probable duration of this employment within the meaning of article 13(a) of regulation no 3 (in the wording existing prior to the introduction of regulation no 24/64) 1. The need for a uniform interpretation of community regulations prevents the text of a provision from being considered in isolation, but in cases of doubt requires it to be interpreted and applied in the light of the versions existing in the other three languages. 2. A worker who is employed in the territory of one member state but who resides in the territory of another member state and who is conveyed at his employer's expense between his place of residence and his place of employment remains subject to the legislation of the former state by virtue of article 12 of regulation no 3, even as regards that part of the journey which takes place in the territory of the state in which he resides and in which the undertaking is established. 3. Article 12 of regulation no 3 prohibits a member state other than that in whose territory a worker is employed from applying its social security legislation to such worker where to do so would lead to an increase in the charges borne by wage-earners or their employers, without any corresponding supplementary protection by way of social security. 4. Decisions taken by the administrative commission in pursuance of article 43(a) of regulation no 3 are not binding on national courts or tribunals. 5. Article 13(a) of regulation no 3, as worded prior to the introduction of regulation no 24/64, applies to a worker who is engaged solely for employment in the territory of a member state other than that in which the establishment to which he is normally attached is situated, in so far as the probable duration of his employment in the territory of the former state does not exceed twelve months. 6. The expression ' the probable duration of their employment ' used in article 13(a), as worded prior to the introduction of regulation no 24/64, refers to the duration of the employment of each individual worker.
Landesversicherungsanstalt Rheinland-Pfalz v Joseph Welchner; ECJ 5-Dec-1967 - C-14/67; R-14/67; [1967] EUECJ R-14/67
Office national des pensions pour ouvriers v Marcel Couture (Judgment) C-11/67
12 Dec 1967
ECJ
European, Benefits
Europa Free movement of persons - migrant workers - old-age and death (pensions) insurance - calculation of benefits - application of the system provided for by articles 27 and 28 of regulation no 3 - the beneficiary's objective situation to be considered. Free movement of persons - migrant workers - old-age and death (pensions) insurance - system based on insurance periods - amount of retirement pension varying solely according to insurance periods completed - rights to a pension acquired by claimant without aggregation of completed periods - articles 27 and 28 of regulation no 3 not applicable. Free movement of persons - migrant workers - old-age and death (pensions) insurance - simultaneous determination of pensions not obligatory (regulation no 3, article 28). Free movement of persons - migrant workers - old-age and death (pensions) insurance - application of the system established by regulation no 3 - guarantee for persons concerned of benefits acquired by virtue of the legislative systems of member states - options granted by such legislation - waiver not required - time for exercising options determined by national legislation (regulation no 3, articles 27 and 28).
Caisse d'assurance vieillesse des travailleurs salaries de Paris v Duffy C-34/69; R-34/69; [1969] EUECJ R-34/69
10 Dec 1969
ECJ
Benefits
ECJ (Judgment) Social security for migrant workers - rules of community law - limitation of benefits arising from the application of community regulations - maintenance of advantages obtained outside community regulations. (EEC treaty, articles 48 to 51) It is incompatible with the objectives of articles 48 to 51 of the EEC treaty which constitute the basis, the framework and the bounds of the social security regulations to reduce the rights of workers without conferring upon them the compensating benefits prescribed in those regulations. Limitations may therefore be imposed on workers only in cases in which community regulations confer upon them benefits which they would otherwise be unable to obtain.
EEC Treaty 48 49 50 51
[ Bailii ]
