# The Statutory Neonatal Care Pay (Persons Abroad and Mariners) Regulations 2025, Regulation 5: Treatment of persons in EEA states as employees


A person who is—
(a) gainfully employed in an EEA state in such circumstances that, if the employment were in Great Britain, the person would be an employee for the purposes of Part 12ZE of the Act, or a person treated as such an employee under regulation 14 of the general regulations, and
(b) subject to the legislation of the United Kingdom under
(i) Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security systems to employed persons and their families moving within the Community, or
(ii) Regulation (EC) 883/2004 of the European Parliament and of the Council of 29 April 2004, on the coordination of social security systems
as those instruments apply in the European Economic Area from time to time,
notwithstanding that person not being employed in Great Britain, is to be treated as an employee for the purposes of Part 12ZE of the Act.

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Source: https://www.legislation.gov.uk/uksi/2025/202/regulation/5 (the official version)
Page: https://openlegislation.uk/statutory-neonatal-care-pay-persons-abroad-and-mariners-regulations-2025/regulation-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.