Facts

[S.], a Portuguese national, is domiciled in Switzerland and receives a 20% disability pension following a work accident. His daughter C., a student, lives in Portugal with her mother who is not engaged in any gainful employment. The Compensation Fund of the Canton of Fribourg has refused to grant [S.] family allowances for his daughter on the grounds that his entitlement was not based on the exercise of a gainful activity, in accordance with Art. 7 para. 1 let. b of the Ordinance on Family Allowances (OAFam). [S.] has appealed against this decision.

Considerations

The Federal Tribunal has ruled that [S.] must be considered an employed worker within the meaning of Regulation (EEC) No. 1408/71 on the coordination of social security systems, and that he is therefore entitled to family allowances for his daughter residing in Portugal, in accordance with Art. 73 of this Regulation. Art. 7 para. 1 let. b…