ECJ Social Security For Migrant Workers – 1. Regulation no 1408/71 does not exclude from its scope ratione materiae a supplementary allowance paid by a national solidarity fund and granted to recipients of old-age, survivors’ or invalidity pensions with a view to providing them with a minimum means of subsistence, provided that the persons concerned have a legally protected right to the grant of such an allowance.
2. Members of the family of a worker can only claim derived rights under regulation no 1408/71, that is to say the rights acquired through their status as members of the worker’ s family. It follows that a member of the family of a worker who is a national of a member state cannot rely on regulation no 1408/71 in order to claim a supplementary allowance connected with a pension which he receives in that member state in a capacity other than that of a member of a worker’s family.
. The community rules on freedom of movement for workers do not apply to cases which have no factor linking them with any of the situations governed by community law. Such is the case with workers who have never exercised the right to freedom of movement within the community. Accordingly, a member of the family of a worker who is a national of a member state cannot rely on regulation no 1612/68 in order to claim the same social advantages as workers who are nationals of that state when the worker of whose family he is a member has never exercised the right to freedom of movement within the community.
Citations:
C-147/87, R-147/87, [1987] EUECJ R-147/87
Links:
Benefits, European
Updated: 21 June 2022; Ref: scu.215549
