Explanatory Note
(This note is not part of the Order)
This Order makes provision for the modification of certain social security legislation, so as to give effect to the Agreement between the United Kingdom of Great Britain and Northern Ireland and the Swiss Confederation (“Switzerland”) on Citizens' Rights following the withdrawal of the United Kingdom from the European Union and the Free Movement of Persons Agreement, signed at Bern on 25th February 2019 (“the Switzerland Citizens' Rights Agreement”). Part 3 of the Switzerland Citizens' Rights Agreement makes provision in relation to social security coordination.
The rules of the European Union relating to social security coordination apply between the United Kingdom and Switzerland as provided for by the Agreement between the European Community and its Member States, on the one part, and the Swiss Confederation, of the other, on the free movement of persons, signed at Luxembourg on 21st June 1999 (“FMOPA”). When the United Kingdom leaves the European Union, FMOPA will also cease to apply.
The relevant European Union regulations are Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29th April 2004 on the coordination of social security systems and Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16th September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 (“the EU social security coordination regulations”). The EU social security coordination regulations form part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018 (c. 16) from exit day.
Article 36(2) of the Switzerland Citizens' Rights Agreement provides that it comes into force on the later of the specified date, or the first day of the second month following the date of receipt of the later of the parties' notifications that they have completed their internal procedures. Article 36(3) also permits provisional application from the specified date.
The specified date for the purposes of the Switzerland Citizens' Rights Agreement is the date on which, in the absence of any transitional arrangements, the United Kingdom ceases to be a Member State of the European Union, or in the case where there are transitional arrangements, the date on which these cease to apply. A transitional arrangement means an arrangement during which time FMOPA continues to apply to the United Kingdom.
The Order does not impose any costs on business, charities or the voluntary sector. A Tax Information and Impact Note has not been prepared for this instrument as it gives effect to previously announced policy.