The Social Security Coordination (Regulation (EC) No 987/2009) (Amendment) (EU Exit) Regulations 2019

Regulation 2(b)

SCHEDULE 2 Amendments to Title 2: Determination of the legislation applicable

1.  In Article 14(1)—

(a) for “Member State” in each place it occurs substitute “State”;

(b) in paragraphs 5, 5a, 6 and 11 for “two” in each place it occurs substitute “the United Kingdom and one”;

(c) in paragraph 7 for “other Member States” substitute “Member States”.

2.  In Article 15(2)—

(a) in the heading after “Article 11(4)” insert “and (4A)”;

(b) for “Member State” in each place it occurs substitute “State”;

(c) after “Article 11(3)(b)” insert “or (4A)”;

(d) for “That institution” in both places it occurs substitute “Where that institution is in the United Kingdom, it”.

3.  In Article 16—

(a) in paragraph 1—

(i) for “two” substitute “the United Kingdom and one”;

(ii) for “Member State of residence thereof” substitute “United Kingdom where it is the person’s state of residence”;

(b) in paragraph 2—

(i) for “The designated institution of the place of residence” substitute “Where the place of residence is the United Kingdom, the designated institution”;

(ii) omit the second and third sentences;

(c) omit paragraphs 3 and 4;

(d) in paragraph 5—

(i) for “The competent institution of the Member State whose legislation” substitute “Where the legislation of the United Kingdom”;

(ii) after “definitively” insert “the competent institution”;

(e) in paragraph 6—

(i) for “shall” substitute “may”;

(ii) for “designated by the competent authority of the Member State of residence” substitute “of the United Kingdom”.

4.  In Article 17 for “Member State” substitute “State”.

5.  In Article 18—

(a) after “Articles 11 to” insert “13 and”;

(b) for “Member State” substitute “State”.

6.  In Article 19—

(a) after “Regulation” in both places it occurs insert “, the competent institution”;

(b) in paragraph 1 for “The competent institution of the Member State whose legislation” substitute “Where the legislation of the United Kingdom”;

(c) in paragraph 2 for “the competent institution of the Member State whose legislation” substitute “where the legislation of the United Kingdom”.

7.  In Article 20—

(a) in paragraph 1—

(i) for “relevant institutions shall” substitute “relevant institution in the United Kingdom shall take reasonable steps to”;

(ii) for “Member State” substitute “State”;

(iii) after “whose legislation” insert “the United Kingdom deems”;

(iv) after “contributions which” insert “the United Kingdom considers”;

(v) for “employer(s) are” substitute “employer may be”;

(b) in paragraph 2—

(i) for “Member State whose” substitute “United Kingdom, in the event that its”;

(ii) for “shall” substitute “, shall take reasonable steps to”;

(iii) for “Member State” substitute “State;

(iv) after “whose legislation” insert “the United Kingdom considers”.

8.  In Article 21 for “Member State” in each place it occurs substitute “State”.

(1)

Paragraph 5 of Article 14 was substituted, and paragraphs 5a and 5b were inserted, by Regulation (EU) 465/2012

(2)

The second sentence of paragraph 1 of Article 15 was substituted by Regulation (EU) 465/2012.