The Social Security Coordination (Regulation (EC) No 987/2009) (Amendment) (EU Exit) Regulations 2019

PART 2 Amendments to Chapter 2: Benefits in respect of accidents at work and occupational diseases

5.  In Article 33 in the heading for “Member State” in both places it occurs substitute “State”.

6.  In Article 34—

(a) in the heading and paragraph 1 for “Member State” in each place it occurs substitute “State”;

(b) for paragraph 2 substitute—

“2.   Where the accident at work occurred, or the occupational disease was first diagnosed, in the United Kingdom, the institution in the United Kingdom shall notify the competent institution of medical certificates drawn up in the territory of the United Kingdom.”;

(c) in paragraph 3—

(i) for “territory of a Member State other than the competent Member State” substitute “United Kingdom, where it is not the competent State”;

(ii) for “first Member State” substitute “United Kingdom”;

(iii) for “which shall” substitute “which may”;

(iv) for “that Member State” substitute “the United Kingdom”;

(v) after “institutions shall” insert “, as far as possible,”;

(vi) after “relating to the accident” insert “or any documents provided by the claimant”;

(d) in paragraph 4—

(i) for “shall” in the first place it occurs substitute “may”;

(ii) at the end add “(but only where that report has been received by the competent institution)”;

(e) in paragraph 5 for “shall” substitute “may”.

7.  In Article 36—

(a) in the heading for “Member State” substitute “State”;

(b) in paragraph 1—

(i) for “shall” in the first place it occurs substitute “may”;

(ii) for “last Member State” substitute “last State”;

(iii) after “was sent” insert “is an institution in the United Kingdom and it”;

(iv) for “another Member State” substitute “a Member State”;

(c) in paragraph 2—

(i) for “institution of the last Member” substitute “United Kingdom is the last”;

(ii) after “in question” insert “and an institution in the United Kingdom”;

(iii) for “that Member State” in both places it occurs substitute “the United Kingdom”;

(iv) for “the first institution” substitute “it”;

(v) for “previous Member State” substitute “previous State”;

(d) in paragraph 3 for “Member State” substitute “State”.

8.  In Article 37—

(a) in paragraph 1 for “one of the Member States under the legislation of which” substitute “the United Kingdom, where its legislation is the legislation under which”;

(b) in paragraph 2—

(i) for “applied by the institution to which” substitute “of the United Kingdom and”;

(ii) after “notification was sent” insert “to an institution in the United Kingdom”;

(iii) for “latter institution shall” substitute “latter institution may”;

(iv) for “That amount” substitute “The reimbursed amount”;

(v) for “Articles 72 and 73” substitute “Article 72”;

(c) after paragraph 2 insert—

“2A.   Where advance payments have been made by an institution in a Member State to an institution in the United Kingdom and, as a result of an appeal, the institution in the United Kingdom is obliged to provide those benefits, it shall reimburse the institution in the Member State.”;

(d) omit paragraph 3.

9.  In Article 38 for “Member State” substitute “State”.

10.  In Article 39—

(a) for “a Member State which” substitute “the United Kingdom and the legislation”;

(b) for “Member State in question” substitute “United Kingdom”;

(c) for “another Member State” substitute “a Member State”;

(d) for “the other Member State” substitute “that Member State”.

11.  In Article 40—

(a) for “Member State” in both places it occurs substitute “State”;

(b) for “, where appropriate” to the end of the first paragraph substitute “a claim to the competent institution”.