Article 89 No entitlement to daily living component where UK is not competent stateI1
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.
Each of the following is a “relevant EU Regulation” for the purposes of this Article—
Council Regulation (EC) No 1408/71 of 14th 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;
Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29th April 2004 F2, as amended from time to time, on the coordination of social security systems.
Annotations
Textual amendments
- F1
Words in art. 89(2)(a) inserted (15.11.2018) by The Social Security (Updating of EU References) (Amendment) (Northern Ireland) Regulations 2018 (S.I. 2018/1085), regs. 1, 3(a)
- F2
Words in art. 89(2)(b) inserted (15.11.2018) by The Social Security (Updating of EU References) (Amendment) (Northern Ireland) Regulations 2018 (S.I. 2018/1085), regs. 1, 3(b)
Commencement
- I1
Art. 89 in operation at 2.5.2016 by S.R. 2016/215, art. 2(5)(d)
Notes on Part 5
Modifications
- C1
Pt. 5 modified (coming into operation in accordance with art. 1 of the amending Rule) by The Social Security (Ireland) Order (Northern Ireland) 2019 (S.R. 2019/77), art. 2; 2020 c. 1, Sch. 5 para. 1(1)
- C2
Pt. 5 modified (1.1.2021) by The Social Security (Norway) Order (Northern Ireland) 2020 (S.R. 2020/357), arts. 1(2), 2, Sch.
- C3
Pt. 5 modified (coming into force in accordance with art. 1 of the amending Rule) by The Social Security (Switzerland) Order (Northern Ireland) 2021 (S.R. 2021/277), arts. 1(2), 2(2)(g), Sch.
- C4
Pts. 2, 5 modified (coming into operation in accordance with art. 1(1) of the amending S.R.) by The Social Security (Iceland) (Liechtenstein) (Norway) Order (Northern Ireland) 2023 (S.R. 2023/181), arts. 1(1), 2, Sch.
- C5
Pt. 5 modified (coming into force in accordance with art. 1(3) of the amending Rule) by The Social Security (Gibraltar) Order (Northern Ireland) 2024 (S.R. 2024/21), art. 2(2)(g)