SCHEDULEAmendments of secondary legislation

Regulation 4

Social Security (Maternity Benefit) Regulations 1975

1.

In regulation 3B (temporary absences from Great Britain) of the Social Security (Maternity Benefit) Regulations 19757, in paragraph (c), after “1408/71/EEC”, insert “, as amended from time to time, or Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004, as amended from time to time, on the coordination of social security systems”.

Statutory Sick Pay (Mariners, Airmen and Persons Abroad) Regulations 1982

2.

In regulation 5 (persons in other member States – meaning of “employee”) of the Statutory Sick Pay (Mariners, Airmen and Persons Abroad) Regulations 19828, in paragraph (b), after “1408/71”, insert “, as amended from time to time, or Regulation (EC) No. 883/2004 of the European Parliament and of the Council of 29 April 2004, as amended from time to time, on the coordination of social security systems”.

Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983

3.

(1)

In regulation 20 (special provisions for certain persons who have been employed abroad) of the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 19839—

(a)

in paragraph (2)(b)(ii), at the end add “, as amended from time to time, or Regulation (EC) No. 883/2004 of the European Parliament and of the Council of 29 April 2004, as amended from time to time, on the coordination of social security systems,”;

(b)

in paragraph (4)(a), after “1408/71/EEC”, insert “, as amended from time to time, or Regulation (EC) No. 883/2004 of the European Parliament and of the Council of 29 April 2004, as amended from time to time”;

(c)

in paragraph (4)(c), after “Council Regulation”, insert “or Regulation of the European Parliament and of the Council”;

(d)

in the words after paragraph (4)(c), after “Council Regulation”, insert “or Regulation of the European Parliament and of the Council”.

Social Security (Maternity Allowance) (Work Abroad) Regulations 1987

4.

(1)

In regulation 2 (special provision for certain persons who have been employed abroad of the Social Security (Maternity Allowance) (Work Abroad) Regulations 198710—

(a)

in paragraph (2)(b)(ii)—

(i)

after “EEC”, insert “, as amended from time to time,”;

(ii)

at the end, add “or Regulation (EC) No. 883/2004 of the European Parliament and of the Council of 29 April 2004, as amended from time to time, on the coordination of social security systems”;

(b)

in paragraph (4)—

(i)

in sub-paragraph (a), after “EEC”, insert “, as amended from time to time, or Regulation (EC) No. 883/2004 of the European Parliament and of the Council of 29 April 2004, as amended from time to time”;

(ii)

in sub-paragraph (c), after “Council Regulation”, insert “or Regulation of the European Parliament and of the Council”;

(iii)

in the words after sub-paragraph (c), after “Council Regulation”, insert “or Regulation of the European Parliament and of the Council”.

Statutory Maternity Pay (Persons Abroad and Mariners) Regulations 1987

5.

In regulation 2 (persons in other member States – meaning of “employee”) of the Statutory Maternity Pay (Persons Abroad and Mariners) Regulations 198711, in paragraph (b), after “1408/71”, insert “, as amended from time to time, or Regulation (EC) No. 883/2004 of the European Parliament and of the Council of 29 April 2004, as amended from time to time, on the coordination of social security systems”.

Income Support (General) Regulations 1987

6.

In regulation 21AA (special cases: supplemental – persons from abroad) of the Income Support (General) Regulations 198712, in paragraph (3)(d), for “Article 39 of the Treaty establishing the European Community” substitute “Article 45 of the Treaty on the Functioning of the European Union”.

Social Security (Payments on account, Overpayments and Recovery) Regulations 1988

7.

(1)

The Social Security (Payments on account, Overpayments and Recovery) Regulations 198813 are amended in accordance with this paragraph.

(2)

In regulation 8 (duplication and prescribed payments), in paragraph (1)(g)—

(a)

after “1408/71”, insert “as amended from time to time,”;

(b)

after “the Community,”, insert “or in Article 3(1) of Regulation (EC) No. 883/2004 of the European Parliament and of the Council of 29 April 2004, as amended from time to time, on the coordination of social security systems,”;

(c)

for “that Regulation”, substitute “either Regulation, as amended from time to time”.

(3)

The amendments made by sub-paragraph (2) also have effect in relation to regulation 8 as that regulation relates to child benefit and guardian’s allowance by virtue of the transitional provision in regulation 44 (transitional provisions) of the Child Benefit and Guardian’s Allowance (Administration) Regulations 200314.

Social Security and Child Support (Decisions and Appeals) Regulations 1999

8.

(1)

The Social Security and Child Support (Decisions and Appeals) Regulations 199915 are amended in accordance with this paragraph.

(2)

In Schedule 2, in paragraph 10 (European Union Regulations) after “1408/71”, insert “, as amended from time to time,”.

(3)

The amendments made by sub-paragraph (2) also have effect in relation to paragraph 10 as that paragraph relates to child benefit and guardian’s allowance by virtue of the transitional provision in regulation 35 (transitional provisions) of the Child Benefit and Guardian’s Allowance (Decisions and Appeals) Regulation 200316.

Social Fund Winter Fuel Payment Regulations 2000

9.

(1)

In regulation 2(4)(a) (winter fuel payments) of the Social Fund Winter Fuel Payment Regulations 200017—

(a)

after “1408/71”, insert “, as amended from time to time,”;

(b)

after “883/2004”, insert “, as amended from time to time,”.

Housing Benefit Regulations 2006

10.

(1)

In regulation 105 (recovery of overpayments from prescribed benefits) of the Housing Benefit Regulations 200618—

(a)

in paragraph (1)(c)—

(i)

after “1408/71”, insert “, as amended from time to time,”;

(ii)

after “the Community,”, insert “or in Article 3(1) of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004, as amended from time to time, on the coordination of social security systems,”;

(iii)

for “that Regulation”, substitute “either Regulation, as amended from time to time”;

(b)

in paragraph (1A), after “21st June 1999”, insert “,as amended from time to time”.

Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

11.

(1)

In regulation 86 (recovery of overpayments from prescribed benefits) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 200619—

(a)

in paragraph (1)(c)—

(i)

after “1408/71”, insert “, as amended from time to time, ”;

(ii)

after “the Community,”, insert “or in Article 3(1) of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004, as amended from time to time, on the coordination of social security systems,”;

(iii)

for “that Regulation”, substitute “either Regulation, as amended from time to time”;

(b)

in paragraph (1A), after “21st June 1999”, insert “(as amended from time to time)”.

Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013

12.

In Schedule 3 to the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 201320, in paragraph 17 (European Community Regulations) after “1408/71”, insert “, as amended from time to time”.