PART 2Social security co-ordination

I16Power to modify retained direct EU legislation relating to social security co-ordination

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).

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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.