The Social Security Coordination (Council Regulation (EEC) No 1408/71 and Council Regulation (EC) No 859/2003) (Amendment) (EU Exit) Regulations 2019

2.  In Article 13—

(a) for paragraph 1(1) substitute—

“1.   The persons subject to the legislation of the United Kingdom, and the persons treated as being subject to the legislation of a Member State, are to be determined in accordance with this Title.

1A.   The question of whether a person was subject to the legislation of the United Kingdom at a time before exit day is to be determined as it would have been determined immediately before exit day.”;

(b) in paragraph 2 after “to 17,” insert “on or after exit day, the following persons are subject to the legislation of the United Kingdom”;

(c) in paragraph 2(a)—

(i) for “one Member State shall be subject to the legislation of that State” substitute “the United Kingdom”;

(ii) for “another Member State” in both places it occurs substitute “a Member State”;

(d) in paragraph 2(b)—

(i) for “one Member State shall be subjected to the legislation of that State” substitute “the United Kingdom”;

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

(e) in paragraph 2(c) for “a Member State shall be subject to the legislation of the State” substitute “the United Kingdom”;

(f) in paragraph 2(d) for “shall be subject to the legislation of the Member State to which the administration employing them is subject” substitute “if the administration employing those persons is subject to the legislation of the United Kingdom”;

(g) for paragraph 2(e) and (f) substitute—

“(e) a person called up or recalled for service in the armed forces, or for civilian service, in the United Kingdom (if entitlement under the legislation of the United Kingdom is subject to the completion of periods of insurance before entry into or after release from such military or civilian service, periods of insurance completed under the legislation of any Member State shall be taken into account, to the extent necessary, as if they were periods of insurance completed under the legislation of the United Kingdom. The employed or self-employed person called up or recalled for service in the armed forces or for civilian service shall retain the status of employed or self-employed person);

(f) a person to whom sub-paragraphs (a) to (e) do not apply if:

(i) the person resides in the United Kingdom; and

(ii) the person is not treated as being subject to the legislation of a Member State in accordance with paragraph 4.”;

(h) after paragraph 2 insert—

“3.   The question of whether a person was subject to the legislation of a Member State (other than the United Kingdom) at a time before exit day is to be determined as it would have been determined immediately before exit day.

4.   Subject to Articles 14 to 17, on or after exit day the following persons are treated as being subject to the legislation of a Member State:

(a) a person employed in the territory of that Member State even if he resides in the territory of another State or if the registered office or place of business of the undertaking or individual employing him is situated in the territory of another State;

(b) a person who is self-employed in the territory of that Member State even if he resides in the territory of another State;

(c) a person employed on board a vessel flying the flag of that Member State;

(d) civil servants and persons treated as such if the administration employing those persons is subject to the legislation of that Member State;

(e) a person called up or recalled for service in the armed forces, or for civilian service, in that Member State;

(f) a person to whom the legislation of a State ceases to be applicable, without the legislation of another State becoming applicable to him in accordance with one of the rules laid down in this Article or in accordance with one of the exceptions or special provisions laid down in Articles 14 to 17 if he resides in the territory of that Member State.”.

(1)

Paragraph 1 of Article 13 was substituted by Regulation No 1606/98.