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

PART 4 Amendments to Chapter 4: Invalidity benefits and old-age and survivors’ pensions

13.  In Article 43—

(a) in paragraph 2—

(i) for “the institution of the Member State under whose legislation” substitute “and”;

(ii) after “completed” insert “under the legislation of the United Kingdom, the institution in the United Kingdom”;

(iii) for “it applies” substitute “of the United Kingdom”;

(b) in paragraph 3—

(i) for “each member State” substitute “the United Kingdom”;

(ii) for “it applies” substitute “of the United Kingdom”;

(iii) for “another Member State’s” substitute “a Member State’s”;

(iv) omit the final sentence.

14.  In Article 44—

(a) in paragraph 1 for “Member State” substitute “State”;

(b) in paragraph 2—

(i) for “, the institution of the Member State” to “the basic Regulation,” substitute “and the legislation of the United Kingdom”;

(ii) after “child concerned,” insert “the institution in the United Kingdom”;

(c) in paragraph 3 for “another Member State” in substitute “a Member State”.

15.  In Article 45—

(a) in paragraph 1—

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

(ii) after “place of residence” substitute “if that is the United Kingdom”;

(b) in paragraph 3—

(i) after “Regulation,” in the first place it occurs insert “where”;

(ii) after “last insured” insert “is in the United Kingdom, it”;

(iii) after “that date” insert “the institution may withdraw”;

(iv) for “shall be withdrawn or reduced to” substitute “or reduce such benefits to the level of”;

(c) in paragraph 4—

(i) for “residence or” substitute “residence and”;

(ii) for “Member State” in the first place it occurs substitute “State”;

(iii) after “If the” insert “place of residence is the United Kingdom and the”;

(iv) for “applied by the institution of the place of residence, that institution” substitute “of the United Kingdom, the institution in the United Kingdom”;

(d) in paragraph 5 for “all the institutions in the Member State concerned” substitute “the relevant institution in the United Kingdom”;

(e) in paragraph 6—

(i) for “Member States” substitute “States”;

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

16.  In Article 46—

(a) for “Member States” in both places it occurs substitute “States”;

(b) for “institutions concerned” substitute “institution in the United Kingdom”;

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

17.  In Article 47—

(a) in paragraph 1—

(i) in the first subparagraph after “‘contact institution’” insert “and, where it is in the United Kingdom, as ‘the United Kingdom’s contact institution’”;

(ii) in the second subparagraph for “contact institution” substitute “the United Kingdom’s contact institution, take reasonable steps to”;

(b) in paragraph 2 for “which” in the second place it occurs substitute “and where that is an institution in the United Kingdom, it”;

(c) in paragraph 4 before “contact institution” in both places it occurs insert “United Kingdom’s”;

(d) in paragraph 5—

(i) for “Each of the institutions in question” substitute “Where the institution in the United Kingdom is contacted by the contact institution in a Member State, it”;

(ii) for “their legislation” substitute “the legislation of the United Kingdom”;

(e) in paragraph 6 for “Each of the institutions in question” substitute “Where the institution in the United Kingdom is contacted by the contact institution in a Member State, it”;

(f) in paragraph 7 for “an institution” substitute “the institution in the United Kingdom”.

18.  In Article 48—

(a) in paragraph 1—

(i) for “Each institution” substitute “The institution in the United Kingdom”;

(ii) for “Each decision” substitute “The decision”;

(iii) after the second sentence insert “The contact institution in a Member State may, and the claimant shall, notify the institution in the United Kingdom of any decision taken in accordance with the applicable legislation.”;

(iv) before “contact institution” insert “United Kingdom’s”;

(v) omit the last two sentences;

(b) in paragraph 2—

(i) for “two or more institutions” substitute “an institution in the United Kingdom and one or more institutions in Member States”;

(ii) for “institutions concerned” substitute “institution in the United Kingdom”;

(iii) for “respective national legislation” substitute “legislation of the United Kingdom”;

(iv) for “The claimant shall be notified” substitute “Where the institution in the United Kingdom reviews a decision, it shall notify the claimant”.

19.  In Article 49—

(a) omit paragraph 1—

(b) in paragraph 2—

(i) for “Where Article 46(3)” to “, each institution” substitute “The institution in the United Kingdom”;

(ii) for “its legislation” substitute “the legislation of the United Kingdom”;

(iii) for “a Member State” substitute “the United Kingdom”;

(iv) for “other Member State” substitute “Member State”;

(v) for “its own Member State” substitute “the United Kingdom” .

20.  In Article 50—

(a) in paragraph 1—

(i) for “any institution which” substitute “where an institution in the United Kingdom”;

(ii) for “applicable legislation” substitute “the legislation of the United Kingdom”;

(iii) after “basic Regulation,” insert “it”;

(b) in paragraph 2 after “an institution” insert “in the United Kingdom”.

21.  In Article 51 after “the institution” insert “in the United Kingdom”.

22.  In Article 52—

(a) in paragraph 1—

(i) for “the institutions to whose legislation a person has been subject” substitute “where a person has been subject to the legislation of the United Kingdom, the institution in the United Kingdom”;

(ii) for “other Member States” in both places it occurs substitute “Member States”;

(b) omit paragraphs 2 and 3.

23.  Omit Article 53.