L, the adult married daughter of a migrant worker, both French and both living in Belgium where the father had been working, was not being herself a worker, and hence could only claim benefits if she was dependent on her father. ECJ said that whether she was so dependent was a subjective matter of fact and that she could not claim as a migrant worker in her own right unless she was actually in employment.
ECJ: One of the questions referred was whether equal treatment with regard to social and tax advantages, which is laid down by Article 7(2) of Regulation 1612/68, also applies to persons who move in search of employment. “The right to equal treatment with regard to social and tax advantages applies only to workers. Those who move in search of employment qualify for equal treatment only as regards access to employment in accordance with Article 48 of the EEC Treaty and Articles 2 and 5 of Regulation 1612/68.”