28The Court has consistently stated that a benefit can be regarded as a social security benefit only if, first, it is granted, without any individual and discretionary assessment of personal needs, to recipients on the basis of a legally defined position and, second, it relates to one of the risks expressly listed in Article 4(1) of Regulation No 1408/71 (see, in this regard, Case 249/83 Hoeckx [1985] ECR 973, paragraphs 12 to 14, and Hughes, cited above, paragraph 15).
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