The Social Security, Child Benefit and Child Tax Credit (Amendment) (EU Exit) Regulations 2019

Amendment of the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000

2.—(1) The Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000(1) are amended as follows.

(2) In Part II of the Schedule (persons not excluded under section 115 of the Immigration and Asylum Act 1999 from entitlement to certain benefits)(2), for paragraph 2 substitute—

“2.   A person who is lawfully working in Great Britain and is a national of a State with which—

(a) the European Union has concluded an agreement under Article 217 of the Treaty on the Functioning of the European Union(3) (an “EU Agreement”) providing, in the field of social security, for the equal treatment of workers who are nationals of the signatory State and their families; or

(b) the United Kingdom has concluded an agreement which replaces in whole or in part an EU Agreement in sub-paragraph (a) which has ceased to apply to, and in, the United Kingdom, providing, in the field of social security, for the equal treatment of workers who are nationals of the signatory State and their families.”.

(1)

S.I. 2000/636; relevant amending instruments are S.I. 2002/2497, S.I. 2011/1043 and S.I. 2013/388.

(2)

Part II was relevantly amended by paragraphs 1 and 2 of Schedule 2 to S.I. 2002/2497, articles 4 and 5 of S.I. 2011/1043 and paragraph 23(4) in Part 2 of the Schedule to S.I. 2013/388.

(3)

OJ C 202, 7.6.2016, p.144.