Summary

Equal treatment. Migrant workers should be granted the invalidity allowance supplement in order to reach the statutory minimum under the same conditions as those applicable to non-migrant workers.  

Question

Must Article 58 of Regulation No 883/2004, read in conjunction with Articles 4 and 6 of that regulation, be interpreted as precluding legislation of a Member State under which the payment of a supplement intended to guarantee receipt of the minimum amount of an invalidity allowance is subject, for insured persons who paid contributions in other Member States, to a ten-year contribution period in that Member State whereas, for those who paid contributions exclusively in that Member State, payment of the supplement in question is subject to a contribution period of five years in that country, three of which must have been in the preceding five years?

Ruling

Article 58 of Regulation No 883/2004, read in conjunction with Articles 4 and 6 of that regulation, must be interpreted as precluding the legislation of a Member State under which the payment of a supplement intended to guarantee receipt of the minimum amount of an invalidity allowance is subject, for insured persons who paid contributions in other Member States, to a ten-year contribution period in that Member State whereas, for those who paid contributions exclusively in that Member State, payment of that supplement is subject to a contribution period of five years in that country, three of which must have been in the preceding five years.