2019 No. 128
The Social Security (Amendment) (EU Exit) Regulations 2019
Made
Coming into force in accordance with regulation 1(2)
The Secretary of State, in exercise of the powers conferred by sections 8(1) and 23(1) of the European Union (Withdrawal) Act 2018 M1, makes the following Regulations.
In accordance with paragraph 1 of Schedule 7 to the European Union (Withdrawal) Act 2018 a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
Citation and commencementI11
1
These Regulations may be cited as the Social Security (Amendment) (EU Exit) Regulations 2019.
2
These Regulations come into force on exit day.
Social Security Contributions and Benefits Act 1992I22
In section 148 of the Social Security Contributions and Benefits Act 1992 M2 (entitlement of pensioners to Christmas bonus), in subsection (1)(a), for “any other” substitute “
a
”
.
Social Security Administration Act 1992I33
1
The Social Security Administration Act 1992 M3 is amended in accordance with this regulation.
2
In section 73 (overlapping benefits – general), in subsection (5), for “member State other than the United Kingdom” substitute “
member State
”
.
3
In section 74 (income support and other payments), in subsection (2)(a), for “other member State” substitute “
member State
”
.
4
In section 80 (child benefit – overlap with benefits under legislation of other member States)—
a
in the title, omit “other”;
b
in the section, for “member State other than the United Kingdom” substitute “
member State
”
.
F15
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendments of secondary legislationI44
The Schedule contains amendments of secondary legislation.
Signed by authority of the Secretary of State for Work and Pensions
SCHEDULEAmendments of secondary legislation
Social Security Benefit (Persons Abroad) Regulations 1975I51
1
The Social Security Benefit (Persons Abroad) Regulations 1975 M4 are amended in accordance with this paragraph.
2
In regulation 10C (modification of Parts 2 and 3 of the Social Security Act 1975 M5 in relation to accidents happening or prescribed diseases contracted outside of Great Britain)—
a
in paragraph (1), in the definition of “prescribed area”, omit “(other than the United Kingdom)”;
b
in paragraph (2)—
i
in sub-paragraph (a), for “or a member State (including the United Kingdom)” substitute “
, a member State or the United Kingdom
”
;
ii
in sub-paragraph (b), omit “(other than the United Kingdom)”.
3
In regulation 11 (modification of the Social Security Act 1975 in relation to employment on the Continental Shelf)—
a
in paragraph (1), in the definition of “prescribed area”, omit “(other than the United Kingdom)”;
b
in paragraph (1A)(b)(iv), for “or a member State (including the United Kingdom)” substitute “
, a member State or the United Kingdom
”
;
c
in paragraph (2A)(d), for “or a member State (including the United Kingdom)” substitute “
, a member State or the United Kingdom
”
;
d
in paragraph (2B), omit “(other than the United Kingdom)”.
Social Security (Invalid Care Allowance) Regulations 1976I62
1
The Social Security (Invalid Care Allowance) Regulations 1976 M6 are amended in accordance with this paragraph.
2
In regulation 9B (persons residing in an EEA state other than the United Kingdom or in Switzerland to whom a relevant EU regulation applies) —
a
in the title, omit “other than the United Kingdom”;
b
in paragraph (a)(i), omit “other than the United Kingdom”.
Statutory Sick Pay (Mariners, Airmen and Persons Abroad) Regulations 1982I73
1
The Statutory Sick Pay (Mariners, Airmen and Persons Abroad) Regulations 1982 M7 are amended in accordance with this paragraph.
2
In regulation 4 (continental shelf – interpretation), in the definition of “prescribed area”, omit “(other than the United Kingdom)”.
3
In regulation 5 (persons in other member States – meaning of “employee”)—
a
in the title, omit “other”;
b
in paragraph (a), omit “other than the United Kingdom”.
Statutory Maternity Pay (Persons Abroad and Mariners) Regulations 1987I84
1
The Statutory Maternity Pay (Persons Abroad and Mariners) Regulations 1987 M8 are amended in accordance with this paragraph.
2
In regulation 2 (persons in other member States – meaning of “employee”)—
a
in the title, omit “other”;
b
in paragraph (a), omit “other than the United Kingdom”.
3
In regulation 5 (women who worked in the European Union)—
a
in paragraph (1)(b), for “another” substitute “
a
”
;
b
in the words after paragraph (1)(b), omit “other”.
4
In regulation 8 (continental shelf), in paragraph (1), in the definition of “prescribed area”, omit “(other than the United Kingdom)”.
Social Security (Payments on account, Overpayments and Recovery) Regulations 1988I95
1
The Social Security (Payments on account, Overpayments and Recovery) Regulations 1988 M9 are amended in accordance with this paragraph.
2
In regulation 8 (duplication and prescribed payments), in paragraph (1)(g), omit “other than the United Kingdom”.
3
The amendment made by sub-paragraph (2) also has 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 (recovery of overpayments from awards of child benefit and guardian's allowance) of the Child Benefit and Guardian's Allowance (Administration) Regulations 2003 M10.
Social Security (Attendance Allowance) Regulations 1991I106
1
The Social Security (Attendance Allowance) Regulations 1991 M11 are amended in accordance with this paragraph.
2
In regulation 2B (persons residing in an EEA state other than the United Kingdom or in Switzerland to whom a relevant EU Regulation applies)—
a
in the title, omit “other than the United Kingdom”;
b
in paragraph (a)(i), omit “other than the United Kingdom”.
Social Security (Disability Living Allowance) Regulations 1991I117
1
The Social Security (Disability Living Allowance) Regulations 1991 M12 are amended as follows.
2
In regulation 2B (persons residing in an EEA state other than the United Kingdom or in Switzerland to whom a relevant EU Regulation applies)—
a
in the title, omit “other than the United Kingdom”;
b
in paragraph (a)(i), omit “other than the United Kingdom”.
Housing Benefit Regulations 2006I128
1
The Housing Benefit Regulations 2006 M13 are amended in accordance with this paragraph.
2
In regulation 7 (circumstances in which a person is or is not to be treated as occupying a dwelling as his home), in paragraph (18), in the definition of “prescribed area”, omit “(other than the United Kingdom)”.
3
In regulation 105 (recovery of overpayments from prescribed benefits), in paragraph (1)(c), omit “other than the United Kingdom”.
Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006I139
1
The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 M14 are amended in accordance with this paragraph.
2
In regulation 7 (circumstances in which a person is or is not to be treated as occupying a dwelling as his home), in paragraph (18), in the definition of “prescribed area”, omit “(other than the United Kingdom)”.
3
In regulation 86 (recovery of overpayments from prescribed benefits), in paragraph (1)(c), omit “other than the United Kingdom”.
The Social Security (Personal Independence Payment) Regulations 2013I1410
1
The Social Security (Personal Independence Payment) Regulations 2013 M15 are amended in accordance with this paragraph.
2
In regulation 23 (persons residing in an EEA state other than the United Kingdom or in Switzerland to whom a relevant EU regulation applies)—
a
in the title, omit “other than the United Kingdom”;
b
in paragraph (a)(i), omit “other than the United Kingdom”.
The Universal Credit Regulations 2013I1511
In regulation 11 (temporary absence from Great Britain) of the Universal Credit Regulations 2013 M16, in paragraph (5), in the definition of “prescribed area”, omit “(other than the United Kingdom)”.
The Housing Benefit and State Pension Credit (Temporary Absence) (Amendment) Regulations 2016I1612
In regulation 5 (transitional provision) of the Housing Benefit and State Pension Credit (Temporary Absence) (Amendment) Regulations 2016 M17, in paragraph (4), in the definition of “prescribed area” omit “(other than the United Kingdom)”.
2018 c. 16.