20It should be recalled that, as the Court has repeatedly held in the context of Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community (OJ, English Special Edition 1971(II), p. 416) that the distinction between benefits excluded from the scope of Regulation No 883/2004 and those which fall within its scope is based essentially on the constituent elements of the particular benefit, in particular its purposes and the conditions on which it is granted, and not on whether a benefit is classified as a social security benefit by national legislation (see, to that effect, inter alia, judgments of 16 July 1992, Hughes, C‑78/91, EU:C:1992:331, paragraph 14; of 20 January 2005, Noteboom, C‑101/04, EU:C:2005:51, paragraph 24; and of 24 October 2013, Lachheb, C‑177/12, EU:C:2013:689, paragraph 28). A benefit may be regarded as a social security benefit if it is granted to recipients, without any individual and discretionary assessment of personal needs, on the basis of a legally defined position and concerns one of the risks expressly listed in Article 3(1) of Regulation No 883/2004 (see, to that effect, inter alia, judgments of 16 July 1992, Hughes, C‑78/91, EU:C:1992:331, paragraph 15; of 15 March 2001, Offermanns, C‑85/99, EU:C:2001:166, paragraph 28; and of 19 September 2013, Hliddal and Bornand, C‑216/12 and C‑217/12, EU:C:2013:568, paragraph 48).
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