{
  "url": "https://openlegislation.uk/draft-social-security-coordination-reciprocal-healthcare-amendment-etc-eu-exit-regulations-2019/schedule-5/paragraph-5",
  "json_url": "https://openlegislation.uk/draft-social-security-coordination-reciprocal-healthcare-amendment-etc-eu-exit-regulations-2019/schedule-5/paragraph-5.json",
  "legislation": "ukdsi/2019/9780111180686",
  "legislation_title": "The Social Security Coordination (Reciprocal Healthcare) (Amendment etc) (EU Exit) Regulations 2019",
  "legislation_url": "https://openlegislation.uk/draft-social-security-coordination-reciprocal-healthcare-amendment-etc-eu-exit-regulations-2019",
  "path": "schedule/5/paragraph/5",
  "kind": "paragraph",
  "number": "5",
  "heading": "Savings provision for cases arising during reciprocal arrangements",
  "text": "(1) The relevant retained direct EU legislation is to continue to apply on and after exit day (and despite reciprocal arrangements ceasing to have effect), subject to the modifications set out in paragraphs 6 to 8, in a case where sub-paragraph (2), (3), (4) or (5) applies.\n(2) This sub-paragraph applies where relevant benefits in kind were provided, or began to be provided, in the United Kingdom to an individual during the relevant period under—\n(a) Chapter 1 or 2 of Title 3 of Regulation (EC) No 883/2004 (as modified by paragraph 6), or\n(b) Chapter 1 or 4 of Title 3 of Regulation (EEC) No 1408/71 (as modified by paragraph 6).\n(3) This sub-paragraph applies where relevant benefits in kind were provided, or began to be provided, in a member State to an individual during the relevant period, in circumstances where reimbursement for the provision of those benefits fell to be made, or would have fallen to be made had the relevant period not ended, by the competent institution of the United Kingdom under Regulation (EC) No 883/2004 or Regulation (EEC) No 1408/71 (as modified by paragraph 6).\n(4) This sub-paragraph applies where—\n(a) authorisation for treatment in the United Kingdom under Article 20 of Regulation (EC) No 883/2004 or (as the case may be) Article 22 of Regulation (EEC) No 1408/71 (as modified by paragraph 6) is given during the relevant period by an institution of a member State, or\n(b) authorisation for treatment in a member State is given during the relevant period by the competent institution of the United Kingdom under Article 20 or (as the case may be) Article 22 (as modified by paragraph 6).\n(5) This sub-paragraph applies where—\n(a) a request for authorisation for treatment in a member State is made during the relevant period under Article 20 of Regulation (EC) No 883/2004 or (as the case may be) Article 22 of Regulation (EEC) No 1408/71 (as modified by paragraph 6), and\n(b) the competent institution of the United Kingdom has not given or refused that authorisation for treatment before the end of the relevant period.\n(6) Nothing in sub-paragraphs (1) to (5) requires an institution of the United Kingdom—\n(a) to provide relevant benefits in kind after the later of—\n(i) the end of the period of one year beginning with the day after the end of the relevant period;\n(ii) in a case where the authorisation for treatment in the United Kingdom authorises relevant benefits in kind to be provided within a specified period, the end of the specified period;\n(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, provided after the later of—\n(i) the end of the period of one year beginning with the day after the end of the relevant period;\n(ii) in a case where the authorisation for treatment in a member State requires that the relevant benefits in kind be provided within a specified period, the end of the specified period.\n(7) This paragraph does not apply in a case to which paragraph 2 applies.\n(8) In this paragraph—\n“reciprocal arrangements” has the meaning given by paragraph 3;\n“relevant period”, in relation to a member State, means the period during which reciprocal arrangements between the United Kingdom and the member State have effect.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2019/9780111180686/schedule/5/paragraph/5",
    "retrieved_at": "2026-10-30T15:00:46.652537+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}