Judgment_paragraph 39 · FS v Chief Appeals Officer and Others (C-3/21)

39In that regard, it should be borne in mind that EU law does not limit the power of the Member States to organise their social security systems and that it is for the legislation of each Member State to lay down the conditions under which social security benefits are granted, the amount of such benefits and the period for which they are granted, as well as the time limits for making applications for such benefits (see, to that effect, judgment of 18 November 2010, Xhymshiti, C‑247/09, EU:C:2010:698, paragraph 43). However, those conditions must comply with EU law and must not have the effect of excluding from the scope of national legislation persons to whom that legislation applies pursuant to Regulation No 883/2004 (see, to that effect, judgment of 4 June 2015, Fischer-Lintjens, C‑543/13, EU:C:2015:359, paragraph 49).