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Regulation 5 Persons in ... member States—meaning of “employee”F3

Original text. Later amendments are not shown.

Subject to regulations 6(2), 7(2) and 9, a person who is—

(a)

gainfully employed in a member State F1... in such circumstances that if his employment were in Great Britain he would be an employee for the purposes of Part I or a person treated as such an employee under regulation 16 of the General Regulations; and

(b)

subject to the legislation of the United Kingdom under Council Regulation (EEC) No. 1408/71f1 F2, 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;

notwithstanding that he is not employed in Great Britain, shall be treated as an employee for the purposes of Part I.

Annotations

Textual amendments

F1

Words in reg. 5(a) omitted (31.12.2020) by virtue of The Social Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/128), reg. 1(2), Sch. para. 3(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

F2

Words in reg. 5(b) inserted (15.11.2018) by The Social Security (Updating of EU References) (Amendment) Regulations 2018 (S.I. 2018/1084), reg. 1, Sch. para. 2

F3

Word in reg. 5 title omitted (31.12.2020) by virtue of The Social Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/128), reg. 1(2), Sch. para. 3(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

Footnotes

f1

(O.J.S.E. 1971 (II) p. 416).