Questão jurídica principal
Whether the appellant was entitled to a spouse supplementary invalidity pension from 2001-11-01 to 2003-08-31
Decisão extraída
No. A spouse's own entitlement to an old-age or invalidity pension excludes the other spouse's supplementary pension from the time that right arises, not only when payment starts.
Fundamentação extraída
The Court upheld the distinction between the birth of the pension right and the commencement of payment. The husband's own disability pension right arose at the latest in November 1994, so the appellant could not claim a spouse supplementary pension for the disputed period.