O.D. and others v. Istituto nazionale della previdenza sociale (INPS), Case C-350, CJEU (Grand Chambre) 2 September 2021

Legislation of a Member State that excludes third-country nationals holding a single permit from receiving birth or maternity allowances.

Art. 12 Directive 2011/98 / EU of the European Parliament and of the Council of 13 December 2011

The birth allowance is automatically granted to households that meet objective criteria defined by law, regardless of any individual and discretionary assessment of the applicant's personal needs. It is therefore a cash benefit intended, through a public contribution to the family budget, to alleviate the burdens deriving from the maintenance of a newborn (or adopted) child. On the other hand, as regards the maternity allowance, it is granted taking into account the resources of the nucleus of which the mother belongs on the basis of an objective and legally predefined criterion, i.e. the economic situation indicator (ISE), without the competent authority being able to take into account other personal circumstances. Therefore, the two grants fall within the social security sectors for which citizens of third countries benefit from the right to equal treatment, a right that Italy has not placed limitations on, despite the option offered by the directive to Member States. Consequently, Article 12 of Directive 2011/98 / EU must be interpreted as precluding national legislation which excludes third-country nationals from the benefit of a childbirth and maternity allowance provided for by that legislation.