Opinion of Mr Advocate General Tesauro delivered on 20 November 1991

1 Original Language: Italian.

2 OJ 1979 L 6, p. 24.

3 More precisely, housing benefit is equal to die total amount of the rent if income is lower than the applicable amount; if the income is higher than the applicable amount the benefit is reduced by 65% of the amount by which the income exceeds the applicable amount.

4 Paragraph 10(l)(b)(i), Part III of Schedule 2 to the Housing Benefit (General) Regulations 1987.

5 Paragraph 12(l)(a)(i) of the abovementioned schedule.

6 It should be pointed out that the phrase invalidity pension is intended to refer to a financial allowance to compensate for loss of income due to incapacity for work on grounds of ill-health; such a pension is therefore essentially paid to those who have not yet reached pensionable age or who are in any case regarded as potentially employable.

7 And in fact anyone who was entitled from the age of 60 to housing benefit and who is in receipt of a severe disability allowance for the eight weeks prior to attaining the age of 60 (an allowance payable, moreover, to anyone in receipt during that period of an invalidity pension), automatically became entitled to have the higher pensioner premium applied — that is, regardless of sex and the different pensionable ages.

8 Judgment of 24 June 1986 in Case 150/85 [1986] ECR 1995, paragraph 23.

9 The emphasis is mine.

10 See the judgment of 15 June 1978 in Case 149/77 Definite [1978] ECR 1365, paragraphs 26 and 27.

11 Judgment of 15 May 1986 in Case 222/84 Johnston [1986] ECR 1651, paragraph 38.

12 See the judgments of 26 February 1986 in Case 152/84 Marshall [1986] ECR 723, paragraph 36, and Case 262/84 Beets-Proper [1986] ECR 773, paragraph 38.

13 It is clear that entitlement to an invalidity pension may arise, for those who have remained in regular employment after reaching pensionable age, only after entidement to an old-age pension has arisen.

14 Cf the Opinion of Advocate General Sir Gordon Sr/nn in Case 152/84 Marshall [1986] ECR 723, at pages 725 et seq., in particular p. 730.

15 Council Directive of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions (OJ 1976 L 39, p. 40).

16 In Case 163/82 Commission v Italy [1983] ECR 3273, paragraph 9.

17 Judgment of 26 February 1986 in Marshall, cited above, paragraph 38.

18 Judgment of 26 February 1986 in Beets-Proper, cited above, paragraph 40.

19 Judgment of 16 February 1982 in Case 19/81 Burton [1982] ECR 555.