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The Social Security (Updating of EU References) (Amendment) Regulations 2018

S.I. 2018/1084 · Made 15 October 2018 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 16 September 2024.

Social Security

Made 15th October 2018

Laid before Parliament 17th October 2018

Coming into force 15th November 2018

The Secretary of State is a Minister designatedf1 for the purposes of section 2(2) of the European Communities Act 1972f2 in relation to social security.

The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2, to the European Communities Act 1972, and it appears to the Secretary of State that it is expedient for certain references to provisions of Community instruments to be construed as references to those provisions as amended from time to time.

Annotations to the whole text

Footnotes

f1

See Article 3 of S.I. 2010/2473.

f2

1972 c. 68; section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c. 7).

Contents

  1. 1Citation and commencement
  2. 2Social Security Contributions and Benefits Act 1992
  3. 3Welfare Reform Act 2012
  4. 4Amendments of secondary legislation
  5. Signature
  6. Schedule: Amendments of secondary legislation
  7. 1Social Security (Maternity Benefit) Regulations 1975
  8. 2Statutory Sick Pay (Mariners, Airmen and Persons Abroad) Regulations 1982
  9. 3Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983
  10. 4Social Security (Maternity Allowance) (Work Abroad) Regulations 1987
  11. 5Statutory Maternity Pay (Persons Abroad and Mariners) Regulations 1987
  12. 6Income Support (General) Regulations 1987
  13. 7Social Security (Payments on account, Overpayments and Recovery) Regulations 1988
  14. 8Social Security and Child Support (Decisions and Appeals) Regulations 1999
  15. 9Social Fund Winter Fuel Payment Regulations 2000 Repealed
  16. 10Housing Benefit Regulations 2006
  17. 11Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
  18. 12Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013
  19. Explanatory note

1Citation and commencementI1

These Regulations may be cited as the Social Security (Updating of EU References) (Amendment) Regulations 2018 and come into force on 15th November 2018.

2Social Security Contributions and Benefits Act 1992I1

In section 122 of the Social Security Contributions and Benefits Act 1992f1, in subsection (1) (interpretation)—

(a)

in the definition of “Regulation (EC) No 1408/71”f2, after “14 June 1971”, insert “, as amended from time to time,”;

(b)

in the definition of “Regulation (EC) No 883/2004f3”, after “29 April 2004”, insert “, as amended from time to time,”.

3Welfare Reform Act 2012I1

In section 84 (no entitlement to daily living component where UK is not competent state) of the Welfare Reform Act 2012f1—

(a)

in subsection (2)(a), after “14 June 1971”, insert “, as amended from time to time,”;

(b)

in subsection (2)(b), after “29 April 2004”, insert “, as amended from time to time,”.

4Amendments of secondary legislationI1

The Schedule which contains amendments of secondary legislation has effect.

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

15th October 2018

1Social Security (Maternity Benefit) Regulations 1975I1

In regulation 3B (temporary absences from Great Britain) of the Social Security (Maternity Benefit) Regulations 1975f1, in paragraph (c), after “1408/71/EEC”, insert “, as amended from time to time, or Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004, as amended from time to time, on the coordination of social security systems”.

2Statutory Sick Pay (Mariners, Airmen and Persons Abroad) Regulations 1982I1

In regulation 5 (persons in other member States – meaning of “employee”) of the Statutory Sick Pay (Mariners, Airmen and Persons Abroad) Regulations 1982f1, in paragraph (b), after “1408/71”, insert “, as amended from time to time, or Regulation (EC) No. 883/2004 of the European Parliament and of the Council of 29 April 2004, as amended from time to time, on the coordination of social security systems”.

3Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983I1

(1)

In regulation 20 (special provisions for certain persons who have been employed abroad) of the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983f1—

(a)

in paragraph (2)(b)(ii), at the end add “, as amended from time to time, or Regulation (EC) No. 883/2004 of the European Parliament and of the Council of 29 April 2004, as amended from time to time, on the coordination of social security systems,”;

(b)

in paragraph (4)(a), after “1408/71/EEC”, insert “, as amended from time to time, or Regulation (EC) No. 883/2004 of the European Parliament and of the Council of 29 April 2004, as amended from time to time”;

(c)

in paragraph (4)(c), after “Council Regulation”, insert “or Regulation of the European Parliament and of the Council”;

(d)

in the words after paragraph (4)(c), after “Council Regulation”, insert “or Regulation of the European Parliament and of the Council”.

4Social Security (Maternity Allowance) (Work Abroad) Regulations 1987I1

(1)

In regulation 2 (special provision for certain persons who have been employed abroad of the Social Security (Maternity Allowance) (Work Abroad) Regulations 1987f1—

(a)

in paragraph (2)(b)(ii)—

(i)

after “EEC”, insert “, as amended from time to time,”;

(ii)

at the end, add “or Regulation (EC) No. 883/2004 of the European Parliament and of the Council of 29 April 2004, as amended from time to time, on the coordination of social security systems”;

(b)

in paragraph (4)—

(i)

in sub-paragraph (a), after “EEC”, insert “, as amended from time to time, or Regulation (EC) No. 883/2004 of the European Parliament and of the Council of 29 April 2004, as amended from time to time”;

(ii)

in sub-paragraph (c), after “Council Regulation”, insert “or Regulation of the European Parliament and of the Council”;

(iii)

in the words after sub-paragraph (c), after “Council Regulation”, insert “or Regulation of the European Parliament and of the Council”.

5Statutory Maternity Pay (Persons Abroad and Mariners) Regulations 1987I1

In regulation 2 (persons in other member States – meaning of “employee”) of the Statutory Maternity Pay (Persons Abroad and Mariners) Regulations 1987f1, in paragraph (b), after “1408/71”, insert “, as amended from time to time, or Regulation (EC) No. 883/2004 of the European Parliament and of the Council of 29 April 2004, as amended from time to time, on the coordination of social security systems”.

6Income Support (General) Regulations 1987I1

In regulation 21AA (special cases: supplemental – persons from abroad) of the Income Support (General) Regulations 1987f1, in paragraph (3)(d), for “Article 39 of the Treaty establishing the European Community” substitute “Article 45 of the Treaty on the Functioning of the European Union”.

7Social Security (Payments on account, Overpayments and Recovery) Regulations 1988I1

(1)

The Social Security (Payments on account, Overpayments and Recovery) Regulations 1988f1 are amended in accordance with this paragraph.

(2)

In regulation 8 (duplication and prescribed payments), in paragraph (1)(g)—

(a)

after “1408/71”, insert “as amended from time to time,”;

(b)

after “the Community,”, insert “or in Article 3(1) of Regulation (EC) No. 883/2004 of the European Parliament and of the Council of 29 April 2004, as amended from time to time, on the coordination of social security systems,”;

(c)

for “that Regulation”, substitute “either Regulation, as amended from time to time”.

(3)

The amendments made by sub-paragraph (2) also have 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 (transitional provisions) of the Child Benefit and Guardian’s Allowance (Administration) Regulations 2003f2.

8Social Security and Child Support (Decisions and Appeals) Regulations 1999I1

(1)

The Social Security and Child Support (Decisions and Appeals) Regulations 1999f1 are amended in accordance with this paragraph.

(2)

In Schedule 2, in paragraph 10 (European Union Regulations) after “1408/71”, insert “, as amended from time to time,”.

(3)

The amendments made by sub-paragraph (2) also have effect in relation to paragraph 10 as that paragraph relates to child benefit and guardian’s allowance by virtue of the transitional provision in regulation 35 (transitional provisions) of the Child Benefit and Guardian’s Allowance (Decisions and Appeals) Regulation 2003f2.

9Social Fund Winter Fuel Payment Regulations 2000F1

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

10Housing Benefit Regulations 2006I1

(1)

In regulation 105 (recovery of overpayments from prescribed benefits) of the Housing Benefit Regulations 2006f1—

(a)

in paragraph (1)(c)—

(i)

after “1408/71”, insert “, as amended from time to time,”;

(ii)

after “the Community,”, insert “or in Article 3(1) of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004, as amended from time to time, on the coordination of social security systems,”;

(iii)

for “that Regulation”, substitute “either Regulation, as amended from time to time”;

(b)

in paragraph (1A), after “21st June 1999”, insert “,as amended from time to time”.

11Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006I1

(1)

In regulation 86 (recovery of overpayments from prescribed benefits) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006f1—

(a)

in paragraph (1)(c)—

(i)

after “1408/71”, insert “, as amended from time to time, ”;

(ii)

after “the Community,”, insert “or in Article 3(1) of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004, as amended from time to time, on the coordination of social security systems,”;

(iii)

for “that Regulation”, substitute “either Regulation, as amended from time to time”;

(b)

in paragraph (1A), after “21st June 1999”, insert “(as amended from time to time)”.

12Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013I1

In Schedule 3 to the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013f1, in paragraph 17 (European Community Regulations) after “1408/71”, insert “, as amended from time to time”.

Explanatory note

(This note is not part of the Regulations)

These Regulations update cross-references to EU legislation in social security legislation in advance of exit day. This ensures those cross-references are up to date at exit day and ensure those cross-references will capture any amendments to the EU legislation before exit day and, to the extent that they apply to the United Kingdom, any amendments to EU legislation made after exit day.

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