Friedrich Jauch v Pensionsversicherungsanstalt der Arbeiter (C-215/99)

Judgment of 8 Mar 2001

law://eu/cjeu/1999/c-215-99/para_28@2026-11-13

28The conditions for granting care allowance and the way in which it is financed cannot have the intention or the effect of changing the character of care allowance as analysed in the Molenaar judgment, in which it was held that benefits of that type are essentially intended to supplement sickness insurance benefits, to which they are, moreover, linked at the organisational level, in order to improve the state of health and quality of life of persons reliant on care (Molenaar, paragraph 24). In those circumstances, even if they have their own characteristics, such benefits must be regarded as ‘sickness benefits’ in cash within the meaning of Article 4(1 )(a) and (b) of Regulation No 1408/71 (Molenaar, paragraph 25). It is of no importance in those circumstances that the care allowance is intended to provide a financial supplement, having regard to a person's reliance on care, to a pension paid on a basis other than sickness. Thus, whether it is contributory or noncontributory, the allowance, as the German Government moreover observes, must be regarded as a cash ‘sickness benefit’ within the meaning of Article 4(1)(a) of Regulation No 1408/71, and does not therefore come under Article 4(2a) of that regulation.

Friedrich Jauch v Pensionsversicherungsanstalt der Arbeiter (C-215/99)

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