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The Social Security (Amendment) (EU Exit) Regulations 2019

S.I. 2019/128 · Made 29 January 2019 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 31 December 2020.

Exiting The European Union

Social Security

Made 29th January 2019

Coming into force in accordance with regulation 1(2)

The Secretary of State, in exercise of the powers conferred by sections 8(1) and 23(1) of the European Union (Withdrawal) Act 2018 M1, makes the following Regulations.

In accordance with paragraph 1 of Schedule 7 to the European Union (Withdrawal) Act 2018 a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

Annotations to the whole text

Marginal citations

M1

2018 c. 16.

Contents

  1. 1Citation and commencement
  2. 2Social Security Contributions and Benefits Act 1992
  3. 3Social Security Administration Act 1992
  4. 4Amendments of secondary legislation
  5. Signature
  6. Schedule: Amendments of secondary legislation
  7. 1Social Security Benefit (Persons Abroad) Regulations 1975
  8. 2Social Security (Invalid Care Allowance) Regulations 1976
  9. 3Statutory Sick Pay (Mariners, Airmen and Persons Abroad) Regulations 1982
  10. 4Statutory Maternity Pay (Persons Abroad and Mariners) Regulations 1987
  11. 5Social Security (Payments on account, Overpayments and Recovery) Regulations 1988
  12. 6Social Security (Attendance Allowance) Regulations 1991
  13. 7Social Security (Disability Living Allowance) Regulations 1991
  14. 8Housing Benefit Regulations 2006
  15. 9Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
  16. 10The Social Security (Personal Independence Payment) Regulations 2013
  17. 11The Universal Credit Regulations 2013
  18. 12The Housing Benefit and State Pension Credit (Temporary Absence) (Amendment) Regulations 2016
  19. Explanatory note

1Citation and commencementI1

(1)

These Regulations may be cited as the Social Security (Amendment) (EU Exit) Regulations 2019.

(2)

These Regulations come into force on exit day.

2Social Security Contributions and Benefits Act 1992I1

In section 148 of the Social Security Contributions and Benefits Act 1992 M1 (entitlement of pensioners to Christmas bonus), in subsection (1)(a), for “any other” substitute “ a ”.

3Social Security Administration Act 1992I1

(1)

The Social Security Administration Act 1992 M1 is amended in accordance with this regulation.

(2)

In section 73 (overlapping benefits – general), in subsection (5), for “member State other than the United Kingdom” substitute “ member State ”.

(3)

In section 74 (income support and other payments), in subsection (2)(a), for “other member State” substitute “ member State ”.

(4)

In section 80 (child benefit – overlap with benefits under legislation of other member States)—

(a)

in the title, omit “other”;

(b)

in the section, for “member State other than the United Kingdom” substitute “ member State ”.

F1(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4Amendments of secondary legislationI1

The Schedule contains amendments of secondary legislation.

Signature

Signed by authority of the Secretary of State for Work and Pensions

Alok Sharma

Minister of State for Employment

Department for Work and Pensions

1Social Security Benefit (Persons Abroad) Regulations 1975I1

(1)

The Social Security Benefit (Persons Abroad) Regulations 1975 M1 are amended in accordance with this paragraph.

(2)

In regulation 10C (modification of Parts 2 and 3 of the Social Security Act 1975 M2 in relation to accidents happening or prescribed diseases contracted outside of Great Britain)—

(a)

in paragraph (1), in the definition of “prescribed area”, omit “(other than the United Kingdom)”;

(b)

in paragraph (2)—

(i)

in sub-paragraph (a), for “or a member State (including the United Kingdom)” substitute “ , a member State or the United Kingdom ”;

(ii)

in sub-paragraph (b), omit “(other than the United Kingdom)”.

(3)

In regulation 11 (modification of the Social Security Act 1975 in relation to employment on the Continental Shelf)—

(a)

in paragraph (1), in the definition of “prescribed area”, omit “(other than the United Kingdom)”;

(b)

in paragraph (1A)(b)(iv), for “or a member State (including the United Kingdom)” substitute “ , a member State or the United Kingdom ”;

(c)

in paragraph (2A)(d), for “or a member State (including the United Kingdom)” substitute “ , a member State or the United Kingdom ”;

(d)

in paragraph (2B), omit “(other than the United Kingdom)”.

2Social Security (Invalid Care Allowance) Regulations 1976I1

(1)

The Social Security (Invalid Care Allowance) Regulations 1976 M1 are amended in accordance with this paragraph.

(2)

In regulation 9B (persons residing in an EEA state other than the United Kingdom or in Switzerland to whom a relevant EU regulation applies) —

(a)

in the title, omit “other than the United Kingdom”;

(b)

in paragraph (a)(i), omit “other than the United Kingdom”.

3Statutory Sick Pay (Mariners, Airmen and Persons Abroad) Regulations 1982I1

(1)

The Statutory Sick Pay (Mariners, Airmen and Persons Abroad) Regulations 1982 M1 are amended in accordance with this paragraph.

(2)

In regulation 4 (continental shelf – interpretation), in the definition of “prescribed area”, omit “(other than the United Kingdom)”.

(3)

In regulation 5 (persons in other member States – meaning of “employee”)—

(a)

in the title, omit “other”;

(b)

in paragraph (a), omit “other than the United Kingdom”.

4Statutory Maternity Pay (Persons Abroad and Mariners) Regulations 1987I1

(1)

The Statutory Maternity Pay (Persons Abroad and Mariners) Regulations 1987 M1 are amended in accordance with this paragraph.

(2)

In regulation 2 (persons in other member States – meaning of “employee”)—

(a)

in the title, omit “other”;

(b)

in paragraph (a), omit “other than the United Kingdom”.

(3)

In regulation 5 (women who worked in the European Union)—

(a)

in paragraph (1)(b), for “another” substitute “ a ”;

(b)

in the words after paragraph (1)(b), omit “other”.

(4)

In regulation 8 (continental shelf), in paragraph (1), in the definition of “prescribed area”, omit “(other than the United Kingdom)”.

5Social Security (Payments on account, Overpayments and Recovery) Regulations 1988I1

(1)

The Social Security (Payments on account, Overpayments and Recovery) Regulations 1988 M1 are amended in accordance with this paragraph.

(2)

In regulation 8 (duplication and prescribed payments), in paragraph (1)(g), omit “other than the United Kingdom”.

(3)

The amendment made by sub-paragraph (2) also has effect in relation to regulation 8 as that regulation relates to child benefit and guardian's allowance by virtue of the transitional provision in regulation 44 (recovery of overpayments from awards of child benefit and guardian's allowance) of the Child Benefit and Guardian's Allowance (Administration) Regulations 2003 M2.

6Social Security (Attendance Allowance) Regulations 1991I1

(1)

The Social Security (Attendance Allowance) Regulations 1991 M1 are amended in accordance with this paragraph.

(2)

In regulation 2B (persons residing in an EEA state other than the United Kingdom or in Switzerland to whom a relevant EU Regulation applies)—

(a)

in the title, omit “other than the United Kingdom”;

(b)

in paragraph (a)(i), omit “other than the United Kingdom”.

7Social Security (Disability Living Allowance) Regulations 1991I1

(1)

The Social Security (Disability Living Allowance) Regulations 1991 M1 are amended as follows.

(2)

In regulation 2B (persons residing in an EEA state other than the United Kingdom or in Switzerland to whom a relevant EU Regulation applies)—

(a)

in the title, omit “other than the United Kingdom”;

(b)

in paragraph (a)(i), omit “other than the United Kingdom”.

8Housing Benefit Regulations 2006I1

(1)

The Housing Benefit Regulations 2006 M1 are amended in accordance with this paragraph.

(2)

In regulation 7 (circumstances in which a person is or is not to be treated as occupying a dwelling as his home), in paragraph (18), in the definition of “prescribed area”, omit “(other than the United Kingdom)”.

(3)

In regulation 105 (recovery of overpayments from prescribed benefits), in paragraph (1)(c), omit “other than the United Kingdom”.

9Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006I1

(1)

The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 M1 are amended in accordance with this paragraph.

(2)

In regulation 7 (circumstances in which a person is or is not to be treated as occupying a dwelling as his home), in paragraph (18), in the definition of “prescribed area”, omit “(other than the United Kingdom)”.

(3)

In regulation 86 (recovery of overpayments from prescribed benefits), in paragraph (1)(c), omit “other than the United Kingdom”.

10The Social Security (Personal Independence Payment) Regulations 2013I1

(1)

The Social Security (Personal Independence Payment) Regulations 2013 M1 are amended in accordance with this paragraph.

(2)

In regulation 23 (persons residing in an EEA state other than the United Kingdom or in Switzerland to whom a relevant EU regulation applies)—

(a)

in the title, omit “other than the United Kingdom”;

(b)

in paragraph (a)(i), omit “other than the United Kingdom”.

11The Universal Credit Regulations 2013I1

In regulation 11 (temporary absence from Great Britain) of the Universal Credit Regulations 2013 M1, in paragraph (5), in the definition of “prescribed area”, omit “(other than the United Kingdom)”.

12The Housing Benefit and State Pension Credit (Temporary Absence) (Amendment) Regulations 2016I1

In regulation 5 (transitional provision) of the Housing Benefit and State Pension Credit (Temporary Absence) (Amendment) Regulations 2016 M1, in paragraph (4), in the definition of “prescribed area” omit “(other than the United Kingdom)”.

Explanatory note

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers in sections 8 and 23 of the European Union (Withdrawal) Act in order to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the United Kingdom from the European Union and to make consequential provision.

These Regulations make amendments to domestic legislation in the field of social security to reflect that the United Kingdom will no longer be a Member State of the European Union and to amend section 179 of the Social Security Administration Act 1992 (c. 4) to allow for the implementation of reciprocal agreements with the European Union or individual Member States following the United Kingdom's exit from the European Union.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.