The Social Security Coordination (Council Regulation (EEC) No 1408/71 and Council Regulation (EC) No 859/2003) (Amendment) (EU Exit) Regulations 2019 No. 726

SCHEDULES

Regulation 2(c)

SCHEDULE 3 Amendments to Title 3: Special provisions relating to the various categories of benefits

PART 1 Amendments to Chapter 1: Sickness and maternity

1.  In Article 18—

(a) in paragraph 1—

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

(ii) after “residence” in the first place it occurs insert “, the competent institution in the United Kingdom”;

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

(iv) for “which it administers” substitute “of the United Kingdom”;

(b) in paragraph 2 for “competent State” substitute “United Kingdom”.

2.  In Article 19—

(a) in the heading for “other than” substitute “where the United Kingdom is”;

(b) in paragraph 1—

(i) for “An” substitute “Where the United Kingdom is the competent State, an”;

(ii) omit “other than the competent State,”;

(iii) for “competent State” in the second place it occurs substitute “United Kingdom”;

(iv) for “State” in the third place it occurs substitute “Member State”;

(c) in paragraph 1(b)—

(i) after “competent institution” in the first place it occurs insert “of the United Kingdom”;

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

(iii) for “competent State” substituted “United Kingdom”;

(d) in paragraph 2—

(i) for “The” substitute “Where the United Kingdom is the competent State, the”;

(ii) omit “other than the competent State”;

(iii) for “the State” substitute “the Member State”.

3.  In Article 21—

(a) in the heading for “competent State” substitute “United Kingdom”;

(b) in paragraph 1—

(i) for “The” substitute “Where the United Kingdom is the competent State, the”;

(ii) for “territory of the competent State” substitute “United Kingdom”;

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

(c) in paragraph 4—

(i) for “An” substitute “Where the United Kingdom is the competent State, an”;

(ii) for “territory of the competent State” substitute “United Kingdom”;

(iii) for “that State” substitute “the United Kingdom”.

4.  In Article 22(1)—

(a) in the heading—

(i) for “competent State” substitute “United Kingdom”;

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

(b) in paragraph 1—

(i) for “An” substitute “Where the United Kingdom is the competent State, an”;

(ii) for “competent State” substitute “United Kingdom;”

(c) in paragraph 1(c)(ii)—

(i) after “competent institution” in the first place it occurs insert “of the United Kingdom”;

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

(iii) for “competent State” substitute “United Kingdom”;

(d) omit paragraph 1a;

(e) in paragraph 3 omit “, 1a”.

5.  In Article 23(2)—

(a) in paragraph 1—

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

(ii) after “average contributions,” insert “the competent institution in the United Kingdom”;

(b) in paragraph 2—

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

(ii) after “standard earnings,” insert “the competent institution in the United Kingdom”;

(c) in paragraph 2a—

(i) after “competent institution” insert “in the United Kingdom”;

(ii) for “other Member States” substitute “Member States”;

(d) in paragraph 3—

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

(ii) after “the family,” insert “the competent institution”;

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

(iv) for “competent State” substitute “United Kingdom”.

6.  In Article 25(3)—

(a) in paragraph 1—

(i) for “An” substitute “Where the United Kingdom is the competent State, an”;

(ii) for “competent State” substitute “United Kingdom”;

(b) in paragraph 1(b)—

(i) after “by the competent institution” insert “in the United Kingdom”;

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

(iii) for “competent State” substitute “United Kingdom”;

(c) omit paragraph 1a;

(d) in paragraph 2—

(i) after “Article 71(1)(b)(ii) apply,” insert “and who resides in the United Kingdom,”;

(ii) for “Member State in whose territory he resides” substitute “United Kingdom”;

(iii) for “country of residence” substitute “United Kingdom”;

(e) in paragraph 3—

(i) after “Where” insert “the United Kingdom is the competent State responsible for the cost of unemployment benefits for entitlement to sickness and maternity benefits, and where”;

(ii) for “Member State which is responsible for the cost of unemployment benefits for entitlement to sickness and maternity benefits” substitute “United Kingdom”;

(iii) for “Member State” in the second place it occurs substitute “State”;

(iv) for “Member State which is responsible for the cost of unemployment benefits” substitute “United Kingdom”;

(v) for “which it administers” substitute “of the United Kingdom”;

(f) in paragraph 4—

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

(ii) after “competent institution” insert “in the United Kingdom”;

(iii) for “administered by that institution” substitute “of the United Kingdom”.

7.  In Article 25a—

(a) for “The institution which” substitute “Where the competent institution in the United Kingdom”;

(b) for “and which belongs to a Member State whose legislation” substitute “and where the legislation of the United Kingdom”;

(c) after “maternity benefits” insert “, the competent institution”;

(d) for “its” substitute “that”.

8.  In Article 27—

(a) in the heading—

(i) for “several” substitute “the United Kingdom and one or more Member”;

(ii) after “in the” insert “United Kingdom, as”;

(b) for “A pensioner who” substitute “Where a pensioner resides in the United Kingdom, and”;

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

(d) omit “of which one is that of the Member State in whose territory he resides,”;

(e) for “latter Member State” in both places it occurs substitute “United Kingdom”;

(f) for “place of residence” substitute “United Kingdom”.

9.  In Article 28—

(a) in the heading for “one or more” substitute “the United Kingdom and one or more Member”;

(b) in paragraph 1—

(i) for “A pensioner” substitute “Where the United Kingdom is the competent State, a pensioner”;

(ii) for “one Member State” substitute “the United Kingdom”;

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

(iv) after “shall nevertheless receive such benefits” insert “from the competent institution in the United Kingdom”;

(v) for “Member State or at least one of the Member States” to “of such State” substitute “United Kingdom if he were resident in the United Kingdom”;

(c) in paragraph 1(b) for “which it administers” substitute “of the United Kingdom”;

(d) in paragraph 2—

(i) for “Member State” in both places it occurs substitute “State”;

(ii) for “two” substitute “the United Kingdom and one”.

10.  In Article 29(4)—

(a) in paragraph 1—

(i) for “Members” substitute “Where the United Kingdom is the competent State, members”;

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

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

(iv) for “one Member State” substitute “the United Kingdom”;

(b) in paragraph 1(b)—

(i) for “which it administers” substitute “of the United Kingdom”;

(ii) for “competent State” substitute “United Kingdom”;

(c) in paragraph 2 for “Members” substitute “Where the United Kingdom is the competent State, members”;

(d) in paragraph 2(b)—

(i) for “which it administers” substitute “of the United Kingdom”;

(ii) for “competent State” substitute “United Kingdom”.

11.  In Article 31(5)—

(a) in paragraph 1—

(i) for “A pensioner” substitute “Where the United Kingdom is the competent State, a pensioner”;

(ii) for “one Member State” substitute “the United Kingdom”;

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

(iv) for “one of those States” substitute “the United Kingdom”;

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

(b) in paragraph 1(b)—

(i) for “which it administers” substitute “of the United Kingdom”;

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

(c) omit paragraph 2.

12.  In Article 33(1) for “Member State” in both places it occurs substitute “State”;

13.  In Article 34 for “Member State” in each place it occurs substitute “State”.

14.  In Article 35(6)—

(a) in paragraph 1—

(i) for “legislation of the country of stay or residence” substitute “United Kingdom is the country of stay or residence, and the legislation of the United Kingdom”;

(ii) for “place of stay or residence” substitute “United Kingdom”;

(b) in paragraph 3—

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

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

(c) in paragraph 4—

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

(ii) for “which administers that legislation” substitute “of the United Kingdom”;

(iii) for “another Member State” substitute “a Member State”.

PART 2 Amendments to Chapter 2: Invalidity

15.  In Article 37 for “Member States” in both places it occurs substitute “States”.

16.  In Article 38—

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

(b) for “that Member State” substitute “the United Kingdom”;

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

(d) for “other Member States” in both places it occurs substitute “Member States”.

17.  In Article 39—

(a) in paragraph 1—

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

(ii) after “occurred” insert “, the competent institution in the United Kingdom”;

(b) in paragraph 2 for “which it administers” substitute “of the United Kingdom”;

(c) for paragraph 3 substitute—

“3.   Where the legislation of a Member State was applicable at the time when incapacity for work followed by invalidity occurred, and a person is not entitled to benefits in that Member State but is entitled under the legislation of the United Kingdom, that person shall receive benefits under the legislation of the United Kingdom, taking into account, where appropriate, Article 38.”;

(d) in paragraph 4—

(i) after “competent institution” insert “in the United Kingdom”;

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

(iii) for “territory of the competent State” substitute “United Kingdom”;

(e) in paragraph 6—

(i) after “Article 71(1)(b)(ii) applies” insert “who resides in the United Kingdom”;

(ii) for “Member State in whose territory he resides” substitute “United Kingdom”;

(iii) for “which it administers” in both places it occurs substitute “of the United Kingdom”;

(iv) for “country of residence” substitute “United Kingdom”;

(v) for “that institution applies legislation providing” substitute “the legislation of the United Kingdom provides”;

(vi) for “it shall be” substitute “that institution shall be”;

(vii) for “its legislation” in both places it occurs substitute “the legislation of the United Kingdom”;

(viii) for “which that institution administers” substitute “of the United Kingdom”.

18.  In Article 40—

(a) in paragraph 1—

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

(ii) omit “, taking into account the provisions of paragraph 4”;

(b) in paragraph 2—

(i) for “a legislation” substitute “the legislation of the United Kingdom”;

(ii) omit from “, account being taken” to the end of the paragraph;

(c) in paragraph 3—

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

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

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

(iv) for “first Member State” in both places it occurs substitute “the United Kingdom”;

(d) omit paragraph 4.

19.  In Article 41—

(a) in paragraph 1—

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

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

(iii) for “first State” in both places it occurs substitute “United Kingdom”;

(iv) for “which it administers” substitute “of the United Kingdom”;

(v) omit “of the other”;

(vi) after “amounts” insert “, if that institution is the competent institution in the United Kingdom”;

(vii) omit point (d);

(viii) for “State” substitute “United Kingdom”;

(b) in paragraph 2 for “Member States” substitute “States”.

20.  In Article 42—

(a) for “institution or institutions which were” substitute “competent institution in the United Kingdom where it was”;

(b) after “If” insert “the United Kingdom is the competent State and”.

21.  In Article 43—

(a) in paragraph 1—

(i) for “Invalidity benefits” substitute “Where invalidity benefits have been granted under the legislation of the United Kingdom, they”;

(ii) omit “or legislations”;

(b) in paragraph 2—

(i) for “one or more Member States” substitute “the United Kingdom”;

(ii) after “any institution” insert “in the United Kingdom”;

(iii) omit “under the legislation of a Member State”;

(iv) for “which it administers” substitute “of the United Kingdom”;

(c) in paragraph 3—

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

(ii) for “one or more national legislations” substitute “the legislation of the United Kingdom”;

(iii) for “this or these Member States” substitute “the United Kingdom”;

(iv) for “national legislations concerned” substitute “legislation of the United Kingdom”;

(v) omit “or legislations”;

(d) in paragraph 4 for “another Member State” substitute “Member State”.

22.  In Article 43a(7)—

(a) in paragraph 2—

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

(ii) for “that Member State” in each place it occurs substitute “the United Kingdom”;

(b) in paragraph 3—

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

(ii) for “that State” substitute “the United Kingdom”.

PART 3 Amendments to Chapter 3: Old age and death (pensions)

23.  In Article 44(8)—

(a) in the heading and paragraph 1 for “Member States” substitute “States”;

(b) in paragraph 2—

(i) after “claim” insert “by the United Kingdom”;

(ii) omit the last sentence.

24.  In Article 45—

(a) in paragraph 1—

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

(ii) for “that Member State” substitute “the United Kingdom”;

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

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

(b) in paragraphs 2 and 3—

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

(ii) for “other Member States” substitute “Member States”;

(c) in paragraph 4—

(i) for “another Member State” substitute “the United Kingdom”;

(ii) for “latter State” substitute “United Kingdom”;

(d) in paragraph 5—

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

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

(e) for paragraph 6—

“6.   Where a worker to whom the first sentence of Article 71(1)(a)(ii) or (b)(ii) applies resides in the United Kingdom, a period of full employment shall be taken into account by the competent institution in the United Kingdom in accordance with the legislation of the United Kingdom, as if that legislation applied to him during his last employment.

Where the legislation of the United Kingdom provides for deduction of contributions payable by unemployed persons to cover old age pensions and death, the competent institution in the United Kingdom shall be authorised to make such deductions in accordance with the provisions of the legislation of the United Kingdom.

If the legislation of the United Kingdom provides that the period of full unemployment in the United Kingdom can be taken into account only if contribution periods have been completed in the United Kingdom, this condition shall be deemed to be fulfilled if the contribution periods have been completed in a Member State.”.

25.  In Article 46—

(a) in paragraphs 1 and 2—

(i) after “Where” insert “the United Kingdom is the competent State and where”;

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

(iii) after “competent institution” in each place it occurs insert “in the United Kingdom”;

(iv) for “which it administers” in each place it occurs substitute “of the United Kingdom”;

(v) for “each Member State” substitute “each State”;

(vi) for “State in question” substitute “United Kingdom”;

(vii) for “Member States” in the second place it occurs substitute “States”;

(b) in paragraphs 3 for “each Member State” substitute “the United Kingdom”;

(c) in paragraph 4—

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

(ii) omit “referred to in Article 6(b)”.

26.  In Article 46a—

(a) in the heading for “legislations of the Member States” substitute “legislation of the United Kingdom”;

(b) in paragraph 3 for “a Member State” substitute “the United Kingdom”;

(c) in paragraph 3(a)—

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

(ii) for “first Member State” substitute “United Kingdom”;

(d) in paragraph 3(b) and (c) for “another Member State” substitute “a Member State”;

(e) in paragraph 3(d)—

(i) for “only one Member State” substitute “the United Kingdom”;

(ii) for “other Member States” in each place it occurs substitute “Member States”;

(iii) for “first Member State” substitute “United Kingdom”.

27.  In Article 46b—

(a) in the heading and in the first place it occurs for “two” substitute “the United Kingdom and one”;

(b) for “a Member State” in both places it occurs substitute “the United Kingdom”.

28.  In Article 46c—

(a) in the heading omit “, where two or more Member States are concerned”;

(b) in paragraph 1 for “Member States concerned” substitute “United Kingdom”;

(c) in paragraph 2—

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

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

(d) in paragraph 3 for “Member States concerned” substitute “United Kingdom”;

(e) in paragraph 4—

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

(ii) for “that Member State” substitute “the United Kingdom”;

(f) in paragraph 5—

(i) for “one or more Member States” substitute “the United Kingdom”;

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

29.  In Article 47—

(a) in paragraph 1(a)—

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

(ii) for “one of these States” substitute “the United Kingdom”;

(iii) after “full benefit,” insert “and where the United Kingdom is one of these States,”;

(iv) for “that State” substitute “the United Kingdom”;

(v) for “which it administers” substitute “of the United Kingdom”;

(b) in paragraph 1(c)—

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

(ii) for “that State” substitute “the United Kingdom”;

(iii) for “said State” substitute “United Kingdom”;

(c) in paragraph 1(d)—

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

(ii) for “State” substitute “United Kingdom”;

(iii) for “other Member States” substitute “Member States”;

(iv) for “which it administers” substitute “of the United Kingdom”;

(d) in paragraph 1(e)—

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

(ii) for “that State” substitute “the United Kingdom”;

(iii) for “other Member States” substitute “Member States”;

(iv) for “which it administers” substitute “of the United Kingdom”;

(e) in paragraph 1(f)—

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

(ii) for “that State” substitute “the United Kingdom”;

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

(iv) for “which it administers” substitute “of the United Kingdom”;

(f) in paragraph 1(g)—

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

(ii) after “competent institution” insert “in the United Kingdom”;

(iii) for “said State” substitute “United Kingdom”;

(g) in paragraph 2—

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

(ii) for “that state” substitute “the United Kingdom”;

(iii) for “other Member States” substitute “Member States”;

(h) in paragraph 3—

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

(ii) for “that State” substitute “the United Kingdom”;

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

(iv) for “competent State” substitute “United Kingdom”;

(i) in paragraph 4—

(i) for “which the competent institution of a Member State administers” substitute “of the United Kingdom”;

(ii) for “this Member State” substitute “the United Kingdom”;

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

(iv) for “which it administers” substitute “of the United Kingdom”.

30.  In Article 48—

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

(b) in paragraph 2 for “each of the Member States concerned” substitute “the United Kingdom”;

(c) in paragraph 3—

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

(ii) after “the legislation of the” insert “United Kingdom if it is”;

(iii) for “that State” substitute “the United Kingdom”.

31.  In Article 49—

(a) in the heading omit “or when he has expressly requested a postponement of the award of old age benefits”;

(b) in paragraph 1—

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

(ii) after “the following provisions shall apply” insert “where the United Kingdom is the competent State”;

(iii) for “each of the competent institutions administering a legislation whose conditions” substitute “the competent institution in the United Kingdom, when the conditions of its legislation,”;

(iv) for “one legislation” substitute “the legislation of the United Kingdom”;

(v) for “whose conditions are satisfied, taking” substitute “of the United Kingdom, taking”;

(vi) omit the words from “The provisions” to the end of the paragraph;

(c) in paragraph 2—

(i) after “Article 46,” insert “by the competent institution in the United Kingdom,”;

(ii) omit the final sentence;

(d) in paragraph 3 after “with paragraph 1” insert “by the competent institution in the United Kingdom,”.

32.  In Article 50—

(a) in the heading for “Member States” substitute “States”;

(b) after “applies” insert “, who is resident in the United Kingdom and to whom a benefit is payable under the legislation of the United Kingdom,”;

(c) omit “, in the State in whose territory he resides and under whose legislation a benefit is payable to him,”;

(d) for “that State” substitute “the United Kingdom”;

(e) for “its territory” substitute “the United Kingdom”.

33.  In Article 51a(9)—

(a) for “a Member State” in both places it occurs substitute “the United Kingdom”;

(b) for “that Member State” in each place it occurs substitute “the United Kingdom”;

(c) for “that State” substitute “the United Kingdom”.

PART 4 Amendments to Chapter 4: Accidents at work and occupational diseases

34.  In Article 52—

(a) in the heading for “other than the competent Member State” substitute “where the United Kingdom is the competent State”;

(b) for “An” substitute “Where the United Kingdom is the competent State, an”;

(c) omit “other than the competent State”;

(d) after “receive in the” insert “Member”;

(e) for “in accordance with the provisions of the legislation which it administers” substitute “of the United Kingdom in accordance with the provisions of the legislation of the United Kingdom”;

(f) for “competent State” substitute “the United Kingdom”.

35.  In Article 53—

(a) for “A” substitute “Where the United Kingdom is the competent State, a”;

(b) for “territory of the competent State” substitute “United Kingdom”;

(c) for “that State” substitute “the United Kingdom”.

36.  In Article 54—

(a) in the heading for “competent State” substitute “United Kingdom”;

(b) for “An”, in both places it occurs substitute “Where the United Kingdom is the competent State, an”;

(c) for “territory of the competent State” in both places it occurs substitute “United Kingdom”;

(d) for “that State” in both places it occurs substitute “the United Kingdom”.

37.  In Article 55—

(a) in the heading—

(i) for “competent State” substitute “United Kingdom”;

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

(b) in paragraph 1 for “An” substitute “Where the United Kingdom is the competent State and an”;

(c) in paragraph 1(a) for “competent State” substitute “United Kingdom”;

(d) in paragraph 1(b) after “competent institution” insert “in the United Kingdom”;

(e) in paragraph 1(c)(ii)—

(i) after “competent institution” insert “of the United Kingdom”;

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

(iii) for “competent State” substitute “United Kingdom”.

38.  In Article 56—

(a) omit “other than the competent State”;

(b) for “territory of” in the second place it occurs substitute “territory of the United Kingdom, where the United Kingdom is the”.

39.  In Article 57—

(a) for “Member States” in the heading and the first place it occurs substitute “States”;

(b) for “a Member State” in each place it occurs substitute “the United Kingdom”;

(c) for “its territory” substitute “the United Kingdom”;

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

(e) for “that State” substitute “the United Kingdom”;

(f) for “other Member State” in both places it occurs substitute “Member State”;

(g) for “first State” in both places it occurs substitute “United Kingdom”;

(h) for “the State” substitute “the United Kingdom”;

(i) for “shall be divided among the competent institutions of the Member” substitute “payable by the competent institution in the United Kingdom shall be divided by the number of”;

(j) omit paragraph 6.

40.  In Article 58—

(a) for “The competent institution of a Member State whose legislation” in each place it occurs substitute “Where the United Kingdom is the competent State and legislation of the United Kingdom”;

(b) after “average earnings” in the first place it occurs insert “the competent institution in the United Kingdom”;

(c) after “standard earnings” in the first place it occurs insert “the competent institution in the United Kingdom”;

(d) after “in the family” insert “the competent institution in the United Kingdom”;

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

(f) for “competent State” substitute “United Kingdom”.

41.  In Article 59—

(a) for “The competent institution of a Member State whose legislation” in both places it occurs substitute “Where the United Kingdom is the competent State and legislation of the United Kingdom”;

(b) after “hospital,” insert “the competent institution in the United Kingdom”;

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

(d) for “the competent institution of a Member State whose legislation” substitute “where the United Kingdom is the competent State and its legislation”;

(e) after “burial” insert “the competent institution in the United Kingdom”;

(f) for “which it administers” substitute “of the United Kingdom”.

42.  In Article 60—

(a) in paragraph 1—

(i) for “a Member State” in the first place it occurs substitute “the United Kingdom”;

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

(iii) for “first Member State” in the first three places it occurs substitute “United Kingdom”;

(iv) for “which it administers” in the first three places it occurs substitute “the United Kingdom”;

(v) omit the final sentence of point (b);

(vi) omit “or from a disease determined under Article 57(6)”;

(vii) for “second Member State” substitute “Member State”;

(viii) omit the final sentence of point (c);

(ix) omit point (d);

(b) in paragraph 2—

(i) after “application of the provisions of Article 57(5),” insert “and where the United Kingdom is the competent State,”;

(ii) after “competent institution” in the first place it occurs insert “in the United Kingdom”;

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

(iv) for “continue to be divided between the institutions which shared the costs of former benefits” substitute “be divided by the number of States in whose territory the person concerned pursued an activity likely to cause the disease”;

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

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

(vii) after “such State” insert “, where that State is the United Kingdom,”.

43.  In Article 61—

(a) in paragraphs 5 and 6—

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

(ii) for “that Member State” substitute “the United Kingdom”;

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

(iv) for “which it administers” substitute “of the United Kingdom”;

(b) in paragraph 6(2) for “other Member State” substitute “Member State”.

44.  In Article 62—

(a) for “If the legislation of the country of stay or residence” substitute “Where the United Kingdom is the country of stay or residence and the legislation of the United Kingdom”;

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

(c) for “which administers that legislation” substitute “of the United Kingdom”;

(d) for “another Member State” substitute “a Member State”.

PART 5 Amendments to Chapter 5: Death grants

45.  In Article 64—

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

(b) after “completion of periods of insurance or residence” insert “, the competent institution in the United Kingdom”;

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

(d) for “which it administers” substitute “of the United Kingdom”.

46.  In Article 65—

(a) in the heading for “other than” substitute “where the United Kingdom is”;

(b) in paragraph 1—

(i) for “When” substitute “Where the United Kingdom is the competent State and”;

(ii) omit “other than the competent State”;

(iii) for “competent State” substitute “United Kingdom”;

(c) in paragraph 2—

(i) for “The competent institution” substitute “Where the United Kingdom is the competent State, the competent institution in the United Kingdom”;

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

(iii) omit “other than the competent State”.

47.  In Article 66—

(a) in the heading for “a Member State other than the one” substitute “The United Kingdom which is not the State”;

(b) for “one Member State” substitute “the United Kingdom”;

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

(d) for “a Member State other than the one whose institution” substitute “the United Kingdom and an institution in a Member State”;

(e) for “, death grants payable” to the end of the paragraph substitute “(as it applies in the European Union), the United Kingdom is not responsible for the payment of death grants”.

PART 6 Amendments to Chapter 6: Unemployment benefits

48.  In Article 67—

(a) for “The competent institution of a Member State whose legislation” in both places it occurs substitute “Where the United Kingdom is the competent State and the legislation of the United Kingdom”;

(b) before “shall take into account” in both places it occurs insert “, the competent institution in the United Kingdom”;

(c) for “other Member State” in both places it occurs substitute “Member State”;

(d) for “which it administers” in both places it occurs substitute “of the United Kingdom”;

(e) after “provisions of the legislation” insert “of the United Kingdom”.

49.  In Article 68—

(a) for “The competent institution of a Member State whose legislation”, in both places it occurs, substitute “Where the United Kingdom is the competent State and the legislation of the United Kingdom”;

(b) before “shall take into account” in both places it occurs insert “, the competent institution in the United Kingdom”;

(c) for “territory of that State” substitute “United Kingdom”;

(d) for “that territory” substitute “the United Kingdom”;

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

(f) for “territory of the competent State” substitute “United Kingdom”.

50.  In the heading to Section 2 of Chapter 6 to Title 3 for “other than” substitute “where the United Kingdom is”.

51.  In Article 69(10)—

(a) for “An” substitute “Where the United Kingdom is the competent State, an”;

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

(c) for “other Member States” substitute “Member States”;

(d) for “competent State” in each place it occurs substitute “United Kingdom”;

(e) after “competent services or institutions” in each place it occurs insert “in the United Kingdom”;

(f) after “He must” insert “take reasonable steps to”;

(g) for “State he left” substitute “United Kingdom”;

(h) for “State which he left” substitute “United Kingdom”;

(i) for “that State” in both places it occurs substitute “United Kingdom”.

52.  For Article 70 substitute—

“In the cases referred to in Article 69(1) where the United Kingdom is the competent State, benefits shall be provided by the competent institution in the United Kingdom.”.

53.  In the heading to Section 3 of Chapter 6 to Title 3 for “Member State” substitute “State”.

54.  In Article 71—

(a) in paragraph 1 for “Member State” in the first place it occurs substitute “State”;

(b) in paragraph 1(a)(i)—

(i) for “A” substitute “Where the United Kingdom is the competent State, a”;

(ii) for “competent State” substitute “United Kingdom”;

(iii) for “territory of that State” substitute “United Kingdom”;

(iv) after “competent institution” insert “in the United Kingdom”;

(c) in paragraph 1(a)(ii)—

(i) for “A” substitute “Where the State he resides is the United Kingdom, a”;

(ii) for “Member State in whose territory he resides” substitute “United Kingdom”;

(iii) for “place of residence” substitute “United Kingdom”;

(d) in paragraph 1(b)(i)—

(i) for “An” substitute “Where the United Kingdom is the competent State, an”;

(ii) for “territory of the competent State” substitute “United Kingdom”;

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

(iv) for “its territory” substitute “the United Kingdom”;

(v) after “competent institution” insert “in the United Kingdom”;

(e) in paragraph 1(b)(ii)—

(i) for “An” substitute “Where the State he resides is the United Kingdom, an”;

(ii) for “territory of the Member State in which he resides, or who returns to that territory” substitute “United Kingdom, or who returns to the United Kingdom”;

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

(iv) for “place of residence” substitute “United Kingdom”;

(v) omit the final two sentences;

(f) in paragraph 2 for “Member State” substitute “State”.

55.  In Article 71a(11)—

(a) for “An” substitute “Where the United Kingdom is the competent State, an”;

(b) omit “other than the competent State”;

(c) for “competent State” substitute “United Kingdom”;

(d) for “territory of that State” substitute “United Kingdom”;

(e) after “competent institution” insert “in the United Kingdom”.

PART 7 Amendments to Chapter 7: Family benefits

56.  In Article 72—

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

(b) for “that State” substitute “the United Kingdom”;

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

(d) for “which it administers” substitute “of the United Kingdom”.

57.  In Article 72a—

(a) for “territory of the same Member State as he” substitute “United Kingdom”;

(b) for “State” substitute “United Kingdom”;

(c) for “place of residence” substitute “United Kingdom”;

(d) for “that institution applies legislation providing” substitute “the legislation of the United Kingdom provides”;

(e) for “it” substitute “the institution in the United Kingdom”;

(f) for “its legislation” substitute “the legislation of the United Kingdom”.

58.  In Articles 73 and 74—

(a) in the heading for “other than” substitute “where the United Kingdom is”;

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

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

(d) for “former State” substitute “United Kingdom”;

(e) for “that State” substitute “the United Kingdom”.

59.  In Article 75—

(a) in paragraph 1—

(i) for “Family” substitute “Where the United Kingdom is the competent State, family”;

(ii) for “Article 73” insert “Articles 73 and 74”;

(iii) for “State to the legislation” to “receives unemployment benefits” substitute “United Kingdom”;

(iv) for “such institutions” substitute “the competent institution in the United Kingdom”;

(v) for “competent State” substitute “United Kingdom”;

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

(b) in paragraph 2 after “the competent institution” insert “in the United Kingdom”;

(c) omit paragraph 3.

60.  In Article 76—

(a) in the heading for “the Member State” substitute “State”;

(b) for “another Member State” substitute “the United Kingdom”;

(c) for “first Member State” in both places it occurs substitute “Member State”;

(d) for “other Member State” substitute “the United Kingdom”.

PART 8 Amendments to Chapter 8: Benefits for dependent children of pensioners and for orphans

61.  In Article 77—

(a) in paragraph 2 for “Member State” in the first place it occurs substitute “State”;

(b) in paragraph 2(a)—

(i) for “one Member State” substitute “the United Kingdom”;

(ii) for “Member State responsible for the pension” substitute “United Kingdom”;

(c) in paragraph 2(b) for “Member State” in the first place it occurs substitute “State”;

(d) in paragraph 2(b)(i)—

(i) at the beginning insert “if he resides in the United Kingdom,”;

(ii) for “whichever of these States he resides in” substitute “the United Kingdom”;

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

(e) in paragraph 2(b)(ii)—

(i) for “Member State” substitute “United Kingdom provided that the legislation”;

(ii) after “period of time” insert “is that of the United Kingdom and”;

(iii) omit from “if no right” to the end of the Article.

62.  In Article 78(12)—

(a) in paragraph 2 for “Member State” in the first place it occurs substitute “State”;

(b) in paragraph 2(a)—

(i) for “one Member State” substitute “the United Kingdom”;

(ii) for “that State” substitute “the United Kingdom”;

(c) in paragraph 2(b) for “Member States” in the first place it occurs substitute “States”;

(d) in paragraph 2(b)(i)—

(i) at the beginning insert “where the orphan resides in the United Kingdom,”;

(ii) for “Member State in whose territory the orphan resides” substitute “United Kingdom”;

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

(e) in paragraph 2(b)(ii)—

(i) for “Member State” substitute “United Kingdom, provided that the”;

(ii) after “period of time” insert “is that of the United Kingdom and”;

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

(iv) omit the words from “if no right” to the end of point (ii);

(f) in paragraph 2 in the last sentence—

(i) for “the legislation of the Member State” substitute “where the legislation of the United Kingdom is the legislation”;

(ii) after “children” insert “, that legislation”.

63.  In Article 79(13)—

(a) in paragraph 1—

(i) for “determined by applying” to “such legislation” substitute “of the United Kingdom by the competent institution in the United Kingdom”;

(ii) for “competent State” substitute “United Kingdom”;

(iii) for “that legislation” in both places it occurs substitute “the legislation of the United Kingdom”;

(b) omit paragraph 2;

(c) in paragraph 3 for “national legislation or under the provisions of paragraph 2 and” substitute “legislation of the United Kingdom or”.

64.  In Article 79a(14) for “that Member State” substitute “the United Kingdom”.

(1)

Article 22 was amended by Regulation (EC) No 631/2004 of the European Parliament and of the Council of 31 March 2004 (“Regulation No 631/2004”).

(2)

Article 23 was amended by Regulation No 647/2005.

(3)

Article 25 was amended by Regulation No 631/2004.

(4)

Article 29 was amended by Council Regulation (EC) No 1223/98 of 4 June 1998 (“Regulation No 1223/98”).

(5)

Article 31 was amended by Regulation No 1223/98 and substituted by Regulation No 631/2004.

(6)

Article 35 was amended by Regulation No 307/1999 and Regulation No 647/2005.

(7)

Article 43a was inserted by Regulation No 1606/98.

(8)

Article 44 was amended by Council Regulation (EC) No 1399/1999 of 29 April 1999 (“Regulation No 1399/1999”).

(9)

Article 51a was inserted by Regulation No 1606/98.

(10)

Article 69 was amended by Regulation No 647/2005.

(11)

Article 71a was inserted by Regulation No 1606/98.

(12)

Article 78 was amended by Regulation No 1399/1999.

(13)

Article 79 was amended by Regulation No 1399/1999.

(14)

Article 79a was inserted by Regulation No 1606/98 and amended Regulation No 1399/1999.