15As to the first of these conditions, it is true that the amount payable to the plaintiff varies according to his income and that of his spouse because Article 9 of the IOAW provides that the benefit payable is equal to the difference between the applicable basic amount and the income of the person concerned and his spouse. However, this is an objective, legally defined criterion which gives entitlement to the benefit without the competent authority being able to take other personal circumstances into consideration. The grant of the benefit therefore does not depend on an individual assessment of the claimant's personal needs, which is a characteristic feature of social assistance (see Case C-78/91 Hughes ν Chief Adjudication Officer [1992] ECR I-4839).
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