Chapter 21 Self-test questions

Select the correct answer to the following situation. The Austrian Bus Company (ABC) has a discount scheme for certain types of tickets bought by those travelling with at least one elderly person. Felix, an Italian national working in Austria, was a member of this scheme in order to assist with the movements of his elderly mother who lives with him. Felix dies. His wife, Maria, also of Italian nationality, applied to join the scheme to care for her mother in law. Maria is denied membership of the scheme on the basis that she is not Austrian.

This denial is acceptable under EU law because membership of the scheme is a social benefit: such benefits are not covered by the EU Treaties.

This denial is acceptable under EU law because the support of the elderly is a political choice and not a social right.

This denial is a breach of EU law because Maria had a right to remain in Austria and therefore was entitled to equal "social advantages".

This denial is a breach of EU law because EU law promotes the care of the aged.

The CJ has consistently drawn a distinction between the situation where a person has entered a Member State but __________and a person who is not currently working but has worked.

So long as the educational course is "vocational", EU nationals who are neither migrant workers nor the children of migrant workers living in the state in which the education is provided may claim equal access under equal conditions to nationals of the home state, even if the courses are financed or subsidised by the state as a matter of social policy.

True

False

Irrespective of nationality, the family members of a Union citizen who have the right of residence or the right of permanent residence in a Member State shall be entitled to _____________there'.

What is the material scope of Regulation No 883/2004, which repealed Regulation 1408/71)?
Please select all that apply.

Sickness, maternity/paternity and invalidity benefits

Social assistance

Medical assistance

Old-age benefits and survivor's benefits

Schemes for civil servants

Benefits in respect of accidents at work, occupational disease and unemployment benefit

Death grants and family benefits

What are the principles underlying Regulation 883/2004, which repealed Regulation 1408/71)?
Please select the one correct answer.

Non-discrimination on grounds of nationality and payment regardless of residence.

No overlapping of benefits balanced by aggregation from all member states

The single state principle and the principle of no disadvantage.

All of the options given are correct.

An economic migrant can bring a claim against his or her state of origin, not just his or host state, under Articles 45, 49 and 56 TFEU.

True

False

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