Statutory Instruments
Exiting The European Union
Social Security
Made
29th January 2019
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.
Marginal Citations
1.—(1) These Regulations may be cited as the Social Security (Amendment) (EU Exit) Regulations 2019.
(2) These Regulations come into force on exit day.
Commencement Information
I1Reg. 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)
2. 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 ”.
Commencement Information
I2Reg. 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
3.—(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 ”.
F1(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Reg. 3(5) omitted (16.12.2020) by virtue of The Social Security Co-ordination (Revocation of Retained Direct EU Legislation and Related Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1508), reg. 1(2), Sch. para. 3
Commencement Information
I3Reg. 3 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
M31992 c. 5; section 73(5) was amended by section 254(1) of and paragraph 59 of Schedule 24 to the Civil Partnership Act 2004 (c. 33), and by section 1(3) and paragraph 21 of Schedule 1 and paragraph 1 of Schedule 2 to the Child Benefit Act 2005 (c. 6); section 80 was amended by section 1(3) of and paragraphs 19 and 22 of Schedule 1 to the Child Benefit Act 2005 (c. 6); section 179 was amended by the section 23 of and paragraph 25 of Schedule 12 to Pensions Act 2014 (c. 19) and there are other amendments that are not relevant to these Regulations.
4. The Schedule contains amendments of secondary legislation.
Commencement Information
I4Reg. 4 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)
Signed by authority of the Secretary of State for Work and Pensions
Alok Sharma
Minister of State for Employment
Department for Work and Pensions
Regulation 4
1.—(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)”.
Commencement Information
I5Sch. 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
M4S.I. 1975/563; relevant amending instruments are S.I. 1979/463, 1982/1738, 1996/207 and 2013/630.
M51975 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.
2.—(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”.
Commencement Information
I6Sch. para. 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
M6S.I. 1976/409, amended by S.I. 2013/389; there are other amending instruments but none is relevant.
3.—(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”.
Commencement Information
I7Sch. para. 3 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
M7S.I. 1982/1349, amended by S.I. 1982/1738; there are other amending instruments but none is relevant.
4.—(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)”.
Commencement Information
I8Sch. para. 4 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
M8S.I. 1987/418, amended by S.I. 1996/777 and 2011/1043.
5.—(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.
Commencement Information
I9Sch. 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
M9S.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.
M10S.I. 2003/492, to which there are amendments not relevant to these Regulations.
6.—(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”.
Commencement Information
I10Sch. para. 6 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
M11S.I. 1991/2740, amended by S.I. 2013/389; there are other amending instruments but none is relevant.
7.—(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”.
Commencement Information
I11Sch. para. 7 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
M12S.I. 1991/2890, amended by S.I. 2013/389; there are other amending instruments but none is relevant.
8.—(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”.
Commencement Information
I12Sch. para. 8 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
M13S.I. 2006/213, amended by S.I. 2005/2904 (as amended by S.I. 2006/217), and 2008/2824, 2016/624; there are other amending instruments but none is relevant.
9.—(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”.
Commencement Information
I13Sch. para. 9 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
M14S.I. 2006/214, amended by S.I. 2005/2904 (as amended by S.I. 2006/217) and 2016/624; there are other amending instruments but none is relevant.
10.—(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”.
Commencement Information
I14Sch. 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
M15S.I. 2013/377, to which there are amendments not relevant to these Regulations.
11. 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)”.
Commencement Information
I15Sch. 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
M16S.I. 2013/376, to which there are amendments not relevant to these Regulations.
12. 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)”.
Commencement Information
I16Sch. para. 12 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
(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.