{
  "url": "https://openlegislation.uk/draft-social-security-coordination-regulation-ec-no-8832004-eea-agreement-and-swiss-agreement-amendment-eu-exit-regulations-2019/schedule-3/paragraph-36",
  "json_url": "https://openlegislation.uk/draft-social-security-coordination-regulation-ec-no-8832004-eea-agreement-and-swiss-agreement-amendment-eu-exit-regulations-2019/schedule-3/paragraph-36.json",
  "legislation": "ukdsi/2019/9780111179710",
  "legislation_title": "The Social Security Coordination (Regulation (EC) No 883/2004, EEA Agreement and Swiss Agreement) (Amendment) (EU Exit) Regulations 2019",
  "legislation_url": "https://openlegislation.uk/draft-social-security-coordination-regulation-ec-no-8832004-eea-agreement-and-swiss-agreement-amendment-eu-exit-regulations-2019",
  "path": "schedule/3/paragraph/36",
  "kind": "paragraph",
  "number": "36",
  "heading": null,
  "text": "In Article 68—\n(a) in paragraph 1 from “more than one Member State” to “apply” substitute “the United Kingdom and simultaneously under the legislation of one or more Member States (“overlapping entitlements”), the following priority rules shall be applied by the competent institution in the United Kingdom in determining a person’s entitlement to benefit”;\n(b) in paragraph 1(a)—\n(i) for “more than one Member State” substitute “both the United Kingdom and one or more Member States”;\n(ii) after “priority” insert “applied by the competent institution in the United Kingdom”;\n(c) in paragraph 1(b)—\n(i) for “more than one Member State” substitute “both the United Kingdom and one or more Member States”;\n(ii) after “priority” insert “applied by the competent institution in the United Kingdom”;\n(iii) for “cost of benefits shall be shared” substitute “competent institution in the United Kingdom must determine entitlement to a supplementary payment;”\n(iv) for “additionally, where appropriate” substitute “where this cannot be ascertained or is otherwise not determinative”;\n(d) for paragraph 2 substitute—\n“2. In the case of overlapping entitlements, family benefits shall be provided by the United Kingdom in the event that its legislation has been determined as having priority in accordance with paragraph 1. In the event that the legislation of the United Kingdom is applicable but is not determined as the legislation having priority in accordance with paragraph 1, entitlement to family benefits paid by the United Kingdom shall be suspended up to the amount provided for by the legislation of the Member State under which a person has an overlapping entitlement to family benefits and a differential supplement shall be provided by the United Kingdom, if necessary, for the sum which exceeds this amount. However, such a differential supplement does not need to be provided for children residing in a Member State when entitlement to the benefit in question in the United Kingdom is based on residence only.”;\n(e) in paragraph 3 for “a Member State whose” substitute “the United Kingdom in circumstances where the United Kingdom’s”;\n(f) in paragraph 3(a) for “competent institution of the Member State whose legislation is applicable” substitute “relevant institution in the Member State under whose legislation the competent institution in the United Kingdom considers a person may be entitled to payment of a family benefit”;\n(g) omit paragraph 3(b).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2019/9780111179710/schedule/3/paragraph/36",
    "retrieved_at": "2026-10-30T15:01:18.370139+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."
}