Regulation 5 Persons in ... member States—meaning of “employee”F3
Subject to regulations 6(2), 7(2) and 9, a person who is—
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
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).