Paragraph 2 Cases arising before exit day

(1)

The relevant retained direct EU legislation is to continue to apply on and after exit day, subject to the modifications set out in paragraphs 6 to 8, in a case where sub-paragraph (2), (3), (4) or (5) applies.

(2)

This sub-paragraph applies where relevant benefits in kind were provided, or began to be provided, in the United Kingdom to an individual before exit day under—

(a)

Chapter 1 or 2 of Title 3 of Regulation (EC) No 883/2004, or

(b)

Chapter 1 or 4 of Title 3 of Regulation (EEC) No 1408/71.

(3)

This sub-paragraph applies where relevant benefits in kind were provided, or began to be provided, in a member State (other than the United Kingdom) to an individual before exit day under—

(a)

Chapter 1 or 2 of Title 3 of Regulation (EC) No 883/2004, or

(b)

Chapter 1 or 4 of Title 3 of Regulation (EEC) No 1408/71,

in circumstances where reimbursement for the provision of those benefits fell to be made, or would have fallen to be made had exit day not occurred, under Regulation (EC) No 883/2004 or Regulation (EEC) No 1408/71 by the competent institution of the United Kingdom.

(4)

This sub-paragraph applies where—

(a)

authorisation for treatment in the United Kingdom was given before exit day under Article 20 of Regulation (EC) No 883/2004 or (as the case may be) Article 22 of Regulation (EEC) No 1408/71, or

(b)

authorisation for treatment in a member State (other than the United Kingdom) was given before exit day by the competent institution of the United Kingdom under Article 20 or (as the case may be) Article 22.

(5)

This sub-paragraph applies where—

(a)

a request for authorisation for treatment in a member State (other than the United Kingdom) was made before exit day under Article 20 of Regulation (EC) No 883/2004 or (as the case may be) Article 22 of Regulation (EEC) No 1408/71, and

(b)

the competent institution in the United Kingdom has not given or refused that authorisation for treatment before exit day.

(6)

Nothing in sub-paragraphs (1) to (5) requires an institution of the United Kingdom—

(a)

to provide relevant benefits in kind after the later of—

(i)

the end of the period of one year beginning with the day after the day on which exit day falls;

(ii)

in a case where the authorisation under Article 20 or (as the case may be) Article 22 authorises relevant benefits in kind to be provided within a specified period, the end of the specified period;

(b)

to reimburse an institution of a member State for relevant benefits in kind provided, or a person for payment made for such relevant benefits in kind, after the later of—

(i)

the end of the period of one year beginning with the day after the day on which exit day falls;

(ii)

in a case where the authorisation under Article 20 or (as the case may be) Article 22 authorises relevant benefits in kind to be provided within a specified period, the end of the specified period.