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 20181, 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 commencement1
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 19922
In section 148 of the Social Security Contributions and Benefits Act 19922 (entitlement of pensioners to Christmas bonus), in subsection (1)(a), for “any other” substitute “a”.
Social Security Administration Act 19923
1
The Social Security Administration Act 19923 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”.
5
In section 179 (reciprocal agreements with countries outside the United Kingdom)—
a
in subsection (1)—
i
in paragraph (a), after “United Kingdom” insert “or an international organisation”;
ii
in paragraph (b), after “other government” insert “or international organisation”;
b
in subsection (3)—
i
in paragraph (a)—
aa
for “law of the country” substitute “law in force in the country”;
bb
after “agreement is made” insert “or has effect”;
ii
in paragraph (b), for “law of that country” substitute “law in force in that country”;
c
in subsection (4), after paragraph (aj) insert—
ak
Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, as it forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018;
al
Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004, as it forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018;
am
Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, as it forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018;
an
Council Regulation (EEC) No 574/72 of 21 March 1972 laying down the procedure for implementing 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, as it forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018;
ao
Council Regulation (EC) No 859/2003 of 14 May 2003 extending the provisions of Regulation (EEC) No 1408/71 and Regulation (EEC) No 574/72 to nationals of third countries who are not already covered by those provisions solely on the ground of their nationality, as it forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018;
d
after subsection (5) insert—
6
In this section, “international organisation” means an organisation of which—
a
two or more sovereign powers are members, or
b
the governments of two or more sovereign powers are members.
Amendments of secondary legislation4
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 19751
1
The Social Security Benefit (Persons Abroad) Regulations 19754 are amended in accordance with this paragraph.
2
In regulation 10C (modification of Parts 2 and 3 of the Social Security Act 19755 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 19762
1
The Social Security (Invalid Care Allowance) Regulations 19766 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 19823
1
The Statutory Sick Pay (Mariners, Airmen and Persons Abroad) Regulations 19827 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 19874
1
The Statutory Maternity Pay (Persons Abroad and Mariners) Regulations 19878 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 19885
1
The Social Security (Payments on account, Overpayments and Recovery) Regulations 19889 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 200310.
Social Security (Attendance Allowance) Regulations 19916
1
The Social Security (Attendance Allowance) Regulations 199111 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 19917
1
The Social Security (Disability Living Allowance) Regulations 199112 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 20068
1
The Housing Benefit Regulations 200613 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 20069
1
The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 200614 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 201310
1
The Social Security (Personal Independence Payment) Regulations 201315 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 201311
In regulation 11 (temporary absence from Great Britain) of the Universal Credit Regulations 201316, 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 201612
In regulation 5 (transitional provision) of the Housing Benefit and State Pension Credit (Temporary Absence) (Amendment) Regulations 201617, in paragraph (4), in the definition of “prescribed area” omit “(other than the United Kingdom)”.
(This note is not part of the Regulations)