Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020

PART 2 U.K. Social security co-ordination

6 Power to modify retained direct EU legislation relating to social security co-ordination U.K.

(1) An appropriate authority may by regulations modify the retained direct EU legislation mentioned in subsection (2).

(2) The retained direct EU legislation is—

(a) Regulation (EC) No 883/2004 of the European Parliament and of the Council on the co-ordination of social security systems;

(b) Regulation (EC) No 987/2009 of the European Parliament and of the Council laying down the procedure for implementing Regulation (EC) No 883/2004;

(c) Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community;

(d) Regulation (EEC) No 574/72 fixing the procedure for implementing Regulation (EEC) No 1408/71;

(e) Regulation (EC) No 859/2003 extending Regulation (EEC) No 1408/71 to nationals of non-EU Member Countries.

(3) The power to make regulations under subsection (1) includes power—

(a) to make different provision for different categories of person to whom they apply (and the categories may be defined by reference to a person's date of arrival in the United Kingdom, their immigration status, their nationality or otherwise);

(b) otherwise to make different provision for different purposes;

(c) to make supplementary, incidental, consequential, transitional, transitory or saving provision;

(d) to provide for a person to exercise a discretion in dealing with any matter.

(4) The power to make provision mentioned in subsection (3)(c) includes power to modify—

(a) any provision made by primary legislation passed before, or in the same Session as, this Act;

(b) any provision made under primary legislation before, or in the same Session as, this Act is passed;

(c) retained direct EU legislation which is not mentioned in subsection (2).

F1 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) In this section, “appropriate authority” means—

(a) the Secretary of State or the Treasury,

(b) a Northern Ireland department, or

(c) a Minister of the Crown acting jointly with a Northern Ireland department.

(8) Schedule 2 contains further provision about the power to make regulations under this section.

(9) Schedule 3 contains provision about the making of regulations under this section.

Textual Amendments

F1 S. 6(5) omitted (1.1.2024) by virtue of The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 92(4)

F2 S. 6(6) omitted (1.1.2024) by virtue of The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 92(4)

Commencement Information

I1 S. 6 in force at 14.11.2020 by S.I. 2020/1279, reg. 2(b)