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Concept of ‘activity as an employed person’ when deciding competent state for paying family benefits

Daphne
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New opinion from the CJEU which looks at the status of a person in receipt of a non-contributory unemployment benefit when applying the priority rules in the event of overlapping entitlements to family benefits laid down in Article 68 of Regulation No 883/2004.

Concludes -

Article 68(1) of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems must be interpreted as meaning that a person who, after having been employed in the host Member State, receives only non-contributory benefits from that State, whilst remaining insured under the social security scheme of that State, is entitled to the payment of family benefits by virtue of such status for the purposes of determining the Member State having primary responsibility for paying such benefits, provided that his situation is covered by the concept of ‘activity as an employed person’ or ‘equivalent situation’, as defined by Article 1(a) of Regulation No 883/2004. It is for the referring court to ascertain whether that is the case.