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Section 84 No entitlement to daily living component where UK is not competent stateI1I2

England, Wales and Scotland

(1)

A person to whom a relevant EU Regulation applies is not entitled to the daily living component for a period unless during that period the United Kingdom is competent for payment of sickness benefits in cash to the person for the purposes of Chapter 1 of Title III of the Regulation in question.

(2)

Each of the following is a “relevant EU Regulation” for the purposes of this section—

(a)

Council Regulation (EC) No 1408/71 of 14 June 1971 F1, as amended from time to time, on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community;

(b)

Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 F2, as amended from time to time, on the coordination of social security systems.

Annotations

Textual amendments

F1

Words in s. 84(2)(a) inserted (15.11.2018) by The Social Security (Updating of EU References) (Amendment) Regulations 2018 (S.I. 2018/1084), regs. 1, 3(a)

F2

Words in s. 84(2)(b) inserted (15.11.2018) by The Social Security (Updating of EU References) (Amendment) Regulations 2018 (S.I. 2018/1084), regs. 1, 3(b)

Commencement

I1

S. 84 in force at 8.4.2013 for specified purposes by S.I. 2013/358, art. 7(1)(2)(f), Sch. 3

I2

S. 84 in force at 10.6.2013 in so far as not already in force by S.I. 2013/1250, art. 2

Notes on Part 4

Modifications

C1

Pt. 4 modified (6.4.2016) by The Social Security (Northern Ireland Reciprocal Arrangements) Regulations 2016 (S.I. 2016/287), regs. 1, 2(2)(g), Sch.

C2

Pt. 4 modified (coming into force in accordance with art. 1 of the amending S.I.) by The Social Security (Ireland) Order 2019 (S.I. 2019/622), art. 2; 2020 c. 1, Sch. 5 para. 1(1)

C3

Pts. 1, 4 modified (coming into force in accordance with art. 1 of the amending S.I.) by The Social Security (Iceland) (Liechtenstein) (Norway) (Citizens' Rights Agreement) Order 2019 (S.I. 2019/1302), art. 2; 2020 c. 1, Sch. 5 para. 1(1)

C4

Pts. 1, 4 modified (coming into force in accordance with art. 1 of the amending S.I.) by The Social Security (Switzerland) (Citizens' Rights Agreement) Order 2019 (S.I. 2019/1303), art. 2; 2020 c. 1, Sch. 5 para. 1(1)

C5

Pt. 4 modified (1.1.2021) by The Social Security (Norway) Order 2020 (S.I. 2020/1597), arts. 1, 2(1)(2), Sch. (with art. 2(3))

C6

Pts. 1, 4 modified (coming into force in accordance with art. 1 of the amending S.I.) by The Social Security (Switzerland) Order 2021 (S.I. 2021/1088), art. 2(1)-(3), Sch.

C7

Pts. 1, 4 modified (coming into force in accordance with art. 1(3) of the amending S.I.) by The Social Security (Iceland) (Liechtenstein) (Norway) Order 2023 (S.I. 2023/1060), art. 2, Sch.