Social benefits

Maintenance obligations towards a minor residing in Austria: Co-ordination of social security systems

Austrian Supreme Court of Justice (Oberstergerichtshof) 10Ob67/14x

The case concerned is about a minor who lives in Austria and is under the care of his mother. The father lives in Switzerland. Both parents are Swiss nationals. The child’s request for advances on maintenance payments in Austria was rejected, because neither parent had social security in Austria and the minor was privately insured in Austria.

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The French Supreme Court: foreign nationals applying for child allowance should prove their regular entry, notably by providing the child’s medical certificate

Cour de cassation, Chambre civile 2, 7 mai 2015, 14-14.712, Inédit

The present case concerns the right to non-EU nationals to obtain family allowance.

An Egyptian national arrived in France. A few years later his wife and children joined him without complying with the official “family reunion” procedure. Consequently, they did not pass the medical exam organised by the French Direction for Immigration and they did not obtain the special medical certificate.

The wife applied for child allowances but the social administration refused them on the grounds that the children did not satisfy the requirements, notably the presentation the medical certificate issued by the French Immigration Service (Office national de l’immigration).
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Parentage link as condition for high education grants for students – a request for a preliminary ruling referred by the Luxembourg Administrative court

Luxembourg, Cour administrative , Arrêts n°s 35820C, 35848C et 35851C, 22.07.2015

State financial aid for higher education – beneficiary – child of a non-resident worker (frontier worker) – concept of child – non-discrimination – EU Regulation 492/2011, Art.7, para. 2; TFEU art. 45, para. 2. – Charter of Fundamental Rights of the European Union art 33, para. 1.

By a law of 26 July 2010, the law of 22 June 2000 on state aid for higher education had been changed in substance in that now only resident students and not their parents, as in the earlier system, became holders of a right to state financial aid for higher education under the special conditions provided for therein.

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