swarb.co.uk - law index
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Benefits - From: 1970 To: 1979
This page lists 21 cases, and was prepared on 03 April 2018.
Gabrielle Defrenne v Belgian State C-80/70; R-80/70; [1971] EUECJ R-80/70; [1974] 1 CMLR 494; [1971] ECR 445
25 May 1971
ECJ
European, Discrimination, Benefits
ECJ The concept of pay as defined in article 119 of the EEC Treaty does not include social security schemes or benefits directly governed by legislation without any element of agreement within the undertaking or the occupational branch concerned, which are obligatorily applicable to general categories of workers or which, within the framework of such a general system established by legislation, relate to certain categories of workers in particular.
This applies especially to retirement pension schemes which give workers the benefit of a legal system, the financing of which, workers, employers and possibly the public authorities contribute in a measure determined less by the employment relationship between the employer and the worker than by considerations of social policy. The part due from the employer in the financing of such schemes does not constitute a direct or indirect payment to the worker; the latter receives the benefits legally prescribed solely by reason of the fact that he fulfils the legal conditions required for their being granted.
Situations involving discrimination resulting from the application of such a scheme are not subject to the requirements of article 119.
1 Citers
[ Bailii ]
Hohn v Caisse Regionale D'Assurance Vieillesse Des Travailleurs Salaries De Strasbourg R-28/71; [1971] EUECJ R-28/71
10 Nov 1971
ECJ
European, Benefits
1. Where the legislation of a member state provides for old-age benefits of different kinds, depending on the length of time for which the worker concerned has been affiliated, insurance periods completed successively or alternatively in two or more member states must be aggregated wherever the worker has not completed the number of periods necessary under the legislation of the first state to entitle him to benefit of the more advantageous kind.
2. Where aggregation is necessary, for the purpose of calculating the fraction of the benefit to be borne by the relevant institution, account must be taken of the periods in fact completed by the worker concerned, and not merely those representing the total required in the state in question for entitlement to full benefit.
[ Bailii ]
Heinrich Gross v Caisse Regionale D'Assurance Vieillesse Des Travailleurs Salaries De Strasbourg R-26/71; [1971] EUECJ R-26/71
10 Nov 1971
ECJ
Benefits
ECJ Social Security For Migrant Workers - 1. Where the legislation of a member state provides for old-age benefits of different kinds, depending on the length of time for which the worker concerned has been affiliated, insurance periods completed successively or alternately in two or more member states must be aggregated wherever the worker has not completed the number of periods necessary under the legislation of the first state to entitle him to benefit of the more advantageous kind.
2. Where aggregation is necessary, for the purpose of calculating the fraction of the benefit to be borne by the relevant institution account must be taken of the periods in fact completed by the worker concerned, and not merely those representing the total required in the state in question for entitlement to full benefit.
[ Bailii ]
Keller v Caisse Regionale DAssurance Vieillesse Des Travailleurs Salaries De Strasbourg R-27/71; [1971] EUECJ R-27/71
10 Nov 1971
ECJ
Benefits
Old-age pension.
[ Bailii ]
Regina v National Insurance Commissioner, Ex parte Hudson [1972] AC 944
1972
HL
Lord Diplock, Lord Simon of Glaisdale, Lord Reid
Constitutional, Benefits
The House considered whether it would have power to make a ruling with prospective effect only. Lord Diplock said the matter deserved further consideration; Lord Simon said that the possibility of prospective overruling should be seriously considered, but that he would prefer legislation, saying that 'informed professional opinion' was probably to the effect that the House had no power to overrule decisions with prospective effect only.
Viscount Dilhorne discussed the freedom if any to overturn a recent case: "[I]f the view be that the decision is clearly wrong, it is, I think, easier to decide that a recent case should not be followed than if it is one that has stood for a long time, for if it is in the latter category many may have acted in reliance on it."
Lord Reid said that the power given to the House by the Practice Statement was to be applied only in a small number of cases in which previous decisions of the House were "thought to be impeding the proper development of the law or to have led to results which were unjust or contrary to public policy."
Lord Diplock said: "Section 5 (1946 Act), which contains the general description of and conditions of entitlement to each of the three benefits, avoids the use of the compound phrase 'personal injury by accident' which had appeared in successive Workmen's Compensation Acts since 1897. It is reasonable to suppose that the change in phraseology was deliberate - though there is an isolated lapse into the expression 'personal injury by accident' in section 48(2) of the statute."
Workmen's Compensation Act 1946 5
1 Cites
1 Citers
(Un-named) [1972] UKSSCSC RA_1_1972
26 Jun 1972
SSCS
Benefits
[ Bailii ]
Land Niedersachsen v Landesversicherungsanstalt R-15/72; [1972] EUECJ R-15/72
16 Nov 1972
ECJ
Benefits
Preliminary Rulings - Tuberculosis benefits.
[ Bailii ]
(Un-named) [1974] UKSSCSC RI_14_1974
8 Oct 1974
SSCS
Benefits
[ Bailii ]
Kingdom Of Belgium, Henri Costers And Marie Vounckx v Berufsgenossenschaft Der Feinmechanik Und Elektrotechnik. R-40/74; [1974] EUECJ R-40/74
3 Dec 1974
ECJ
Benefits
Social Security For Migrant Workers
[ Bailii ]
Muller v Austria 5849/72; (1975) 3 DR 25
1975
ECHR
Human Rights, Benefits
Article 1 does not guarantee a right to a pension of any particular amount, but that the right safeguarded by Article 1 consists, at most, "in being entitled as a beneficiary of the social insurance scheme to any payments made by the fund." A claim to contributory benefits was a "possession" by analogy with the proprietary right of a contributor to a private pension fund.
1 Citers
Regina v Preston Supplementary Benefits Appeal Tribunal, Ex parte Moore [1975] 1 WLR 624
1975
CA
Lord Denning MR
Benefits, Judicial Review
Lord Denning MR observed that the courts should leave the tribunals to interpret the Supplementary Benefits Act in a broad reasonable way, according to the spirit and not the letter. To uphold the purposes of judicial review the "record is generously interpreted".
(Un-named) [1975] UKSSCSC RI_12_1975
12 Aug 1975
SSCS
Benefits
[ Bailii ]
Teresa Et Silvana Petroni v Office National Des Pensions Pour Travailleurs Salaries (Onpts), Bruxelles R-24/75; [1975] EUECJ R-24/75
21 Oct 1975
ECJ
European, Benefits
Social Security For Migrant Workers
[ Bailii ]
Brack v Insurance Officer C-17/76
29 Sep 1976
ECJ
European, Benefits, Employment
Europa The provision in paragraph 1 of point I (United Kingdom) of annex V to Regulation no 1408/71, far from restricting the definition of the term 'worker' as it emerges from clarify the scope of subparagraph (ii) of this paragraph vis-a-vis British legislation. A person who:- was compulsorily insured against the contingency of ' sickness ' successively as an employed person and as a self-employed person under a social security scheme for the whole working population; - was a self-employed person when this contingency occurred; - at the said time and under the provisions of the said scheme, nevertheless could have claimed sickness benefits in cash at the full rate only if there were taken into account both the contributions paid by him or on his behalf when he was an employed person and those which he made as a self-employed person;
constitutes, as regards british legislation, a 'worker' within the meaning of article 1(a)(ii) of regulation no 1408/71 for the purposes of the application of the first sentence of article 22(1)(ii) of that regulation.
Jansen v Landesversicherungsanstalt Rheinprovinz C-104/76
5 May 1977
ECJ
Benefits
ECJ Article 2 of regulation no 3 and article 4 of regulation no 1408/71, which lay down the matters covered by those regulations, deal with the various national social security schemes in their entirety. The reimbursement of social security contributions therefore forms part of the matters covered by those regulations. Since regulation no 3 does not contain any specific provision relating to the reimbursement of contributions the general rules affirmed by that regulation and by the provisions of the treaty to which it gives effect, such as the rule on equality of treatment and that on the waiving of residence clauses, are applicable. Article 10 (2) of regulation no 1408/71, which constitutes a specific provision and introduces a new rule in respect of the reimbursement of contributions, cannot, however, be extended to facts which occurred outside the period covered by that regulation. Although the provisions of article 51 of the eec treaty and of the regulations adopted to give it effect ensure that, for the purpose of acquiring and retaining the right to benefit, migrant workers enjoy aggregation of all periods taken into account under the laws of the several countries, they cannot however be interpreted, in the absence of express provisions, as preventing persons so favoured from exercising the legal options open to them under the legislation of one or other of the member states, such as the right of applying in certain circumstances for the reimbursement of social security contributions. Therefore, community law, as it stood at the time of the adoption of regulation no 3, cannot be interpreted as excluding an option available under a national legislation with regard to the reimbursement of social security contributions.
HOAGM Perenboom v Inspecteur der directe belastingen of Nijmegen C-102/76
5 May 1977
ECJ
European, Benefits
Europa Both article 12 of regulation no 3 and article 13 of regulation no 1408/71 prevent the state of residence from requiring payment, under its social legislation, of contributions on the remuneration received by a worker in respect of work performed in another member state and therefore subject to the social legislation of that state.
Regina v A National Insurance Commissioner, Ex Parte Warry R-41/77; [1977] EUECJ R-41/77
9 Nov 1977
ECJ
European, Benefits
ECJ Social security for migrant workers - invalidity insurance - benefits - right - acquisition - receipt of sickness benefit as a condition imposed by the legislation of a member state - insurance periods completed - aggregation - claim for benefit - submission - rules (Regulation No 1408/71 of the council, article 45)
Article 45 of regulation no 1408/71 must be understood to mean that where the legislation of a member state makes the acquisition of a right to invalidity benefit conditional upon the person concerned having been entitled to sickness benefit under that legislation for a given period in the immediately proceding period - that condition being subject to so far as material (a) the completion of insurance periods (b) the making of a claim therefor in a prescribed manner and within a prescribed time -
(i) the competent institution of the said member state shall take into account insurance periods completed under the legislation of any member state as though they had been completed under the legislation which it administers;
(ii) the condition that a claim must be made in a prescribed manner and within a prescribed time shall be regarded as satisfied in so far as such a claim has been duly made in accordance with the legislation of the state of residence.
Regulation No 1408/71 45
[ Bailii ]
Bestuur van Het Algemeen Ziekenfonds Drenthe-Platteland v G Pierik; ECJ 16-Mar-1978 - R-117/77; [1978] EUECJ R-117/77
Patrick Christopher Kenny v Insurance Officer C-1/78
28 Jun 1978
ECJ
European, Benefits
Directeur regional de la Securite sociale de Nancy v Paulin Gillard et Caisse regionale d'assurance maladie du Nord-Est, Nancy C-9/78
6 Jul 1978
ECJ
European, Benefits
Europa The fact that a provision creating benefits for victims of war or its consequences is inserted in national social security legislation is not by itself decisive in determining that the benefit referred to in the above-mentioned provision is a social security benefit within the meaning of regulation no 1408/71, as the distinction between benefits which are excluded from the field of application of that regulation and benefits which come within it rests entirely on the factors relating to each benefit, in particular its purposes and the conditions for its grant. Article 4 (4) of regulation no 1408/71 must be interpreted as meaning that the regulation does not apply to benefits for former prisoners of war consisting in the grant, to workers who prove that they underwent a long period of captivity, of an advanced old-age pension, the essential purpose of such benefits being to provide for former prisoners of war testimony of national gratitude for the hardships endured between 1939 and 1945 on behalf of France and its allies and thus granting them, by the provision of a social benefit, a quid pro quo for the services rendered to those states.
Bestuur Van Het Algemeen Ziekenfonds Drenthe-Platteland v Pierik [1979] ECR 1977; [1979] EUECJ R-182/78
31 May 1979
ECJ
Benefits
Benefits in kind for pensioners. The Court was asked whether a person receiving an invalidity pension in the Netherlands was entitled to reclaim the cost of medical treatment in Germany. Held: The status of "worker" for the purpose of article 22 was not restricted to active as opposed to inactive workers. Such pensioners came within the provisions of the Regulation concerning "workers", including article 22, by virtue of their insurance under a social security scheme, "unless they are subject to special provisions laid down regarding them"
1 Cites
1 Citers
[ Bailii ]