2019 No. 128

Exiting The European Union
Social Security

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.

Annotations:
Marginal Citations

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 ”.

Annotations:
Commencement Information
I2

Reg. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Marginal Citations
M2

1992 c. 4, to which there are amendments not relevant to these Regulations.

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

Alok Sharma Minister of State for Employment Department for Work and Pensions

SCHEDULEAmendments of secondary legislation

Regulation 4

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)”.

Annotations:
Commencement Information
I5

Sch. para. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Marginal Citations
M4

S.I. 1975/563; relevant amending instruments are S.I. 1979/463, 1982/1738, 1996/207 and 2013/630.

M5

1975 c. 14. Following the consolidation of the Social Security Act 1975, by virtue of section 2, section 3 and Schedule 1 of the Social Security (Consequential Provisions) Act 1992 c. 6, S.I. 1975/563 now has effect as if made under the Social Security Contributions and Benefits Act 1992 c.4. Section 50(5) of the Social Security Act 1975 has therefore been replaced by section 94(5) of the Social Security Contributions and Benefits Act 1992.

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.

Annotations:
Commencement Information
I9

Sch. para. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Marginal Citations
M9

S.I. 1988/664 was revoked in relation to child benefit or guardian's allowance by S.I. 2003/492. Regulation 8(1) was amended by 2005/337; there are other amending instruments but none is relevant.

M10

S.I. 2003/492, to which there are amendments not relevant to these Regulations.

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”.

Annotations:
Commencement Information
I14

Sch. para. 10 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Marginal Citations
M15

S.I. 2013/377, to which there are amendments not relevant to these Regulations.

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)”.

Annotations:
Commencement Information
I15

Sch. para. 11 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Marginal Citations
M16

S.I. 2013/376, to which there are amendments not relevant to these Regulations.

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)”.

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers in sections 8 and 23 of the European Union (Withdrawal) Act in order to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the United Kingdom from the European Union and to make consequential provision.

These Regulations make amendments to domestic legislation in the field of social security to reflect that the United Kingdom will no longer be a Member State of the European Union and to amend section 179 of the Social Security Administration Act 1992 (c. 4) to allow for the implementation of reciprocal agreements with the European Union or individual Member States following the United Kingdom's exit from the European Union.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.