Paragraph 3 Cases arising during reciprocal arrangements

(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, so far as relating to—

(a)

the provision of relevant benefits in kind in the United Kingdom, or

(b)

the provision of relevant benefits in kind in a member State, in circumstances where reimbursement for the provision of those benefits would have fallen to be made by the competent institution of the United Kingdom had exit day not occurred,

subject to sub-paragraph (2).

(2)

The relevant retained direct EU legislation, as applied by sub-paragraph (1), has effect so as to impose an obligation on an institution of the United Kingdom as regards the provision of, or reimbursement for the provision of, relevant benefits in kind to an individual only if, and only during the period when, reciprocal arrangements have effect between—

(a)

the United Kingdom, and

(b)

the member State by reference to which the obligation arises in the case of the individual.

(3)

Sub-paragraph (2) does not affect cases to which paragraph 2 applies.

(4)

For the purposes of this paragraph—

(a)

arrangements between the United Kingdom and a member State relating to the coordination of the provision of relevant benefits in kind are reciprocal arrangements if and only if the member State is included in the list maintained by the Secretary of State under paragraph 4;

(b)

reciprocal arrangements between the United Kingdom and a member State are to be treated as beginning and ceasing to have effect at the times specified in the list maintained by the Secretary of State under paragraph 4.