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Regulation 13 Persons residing in the United Kingdom to whom a relevant EU regulation appliesI1

Scotland

The past presence condition set out in regulation 9(1)(e) does not apply where on any day the individual is—

(a)

ordinarily resident in Scotland,

(b)

habitually resident in the United Kingdom,

(c)

an individual—

(i)

to whom the rules set out in a relevant EU regulation apply by virtue of—

(aa)

Title III of Part 2 of the EU withdrawal agreement,

(bb)

Part 3 or Article 23(4) of the Swiss citizens’ rights agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020 (“the 2020 Act”)f1,

(cc)

Title III of the EEA EFTA separation agreement (as defined in section 39(1) of the 2020 Act), F1...

(dd)

the agreement constituted by the exchange of letters set out in the schedule of the Family Allowances, National Insurance and Industrial Injuries (Gibraltar) Order 1974f2, F2or

F3(ee)

the agreement constituted by the exchange of letters set out in the schedule of the Social Security (Gibraltar) Order 2024, and

(ii)

in respect of whom the United Kingdom is, as a result, competent for payment of sickness benefits in cash.

Annotations

Textual amendments

F1

Word in reg. 13(c)(i)(cc) omitted (6.11.2025) by virtue of The Social Security (Cross-border Provision, Case Transfer and Miscellaneous Amendments) (Scotland) Regulations 2025 (S.S.I. 2025/336), regs. 1(2), 11(3)(a)

F2

Word in reg. 13(c)(i)(dd) substituted (6.11.2025) by The Social Security (Cross-border Provision, Case Transfer and Miscellaneous Amendments) (Scotland) Regulations 2025 (S.S.I. 2025/336), regs. 1(2), 11(3)(b)

F3

Reg. 13(c)(i)(ee) inserted (6.11.2025) by The Social Security (Cross-border Provision, Case Transfer and Miscellaneous Amendments) (Scotland) Regulations 2025 (S.S.I. 2025/336), regs. 1(2), 11(3)(c)

Commencement

I1

Reg. 13 in force at 21.10.2024, see reg. 1(2)

Footnotes

f1

2020 c. 1.

f2

S.I. 1974/555.