The Social Security Coordination (Regulation (EC) No 883/2004, EEA Agreement and Swiss Agreement) (Amendment) (EU Exit) Regulations 2019

PART 5 Amendments to Chapter 5: Old-age and survivors’ pensions

18.  In Article 50—

(a) in paragraph 1—

(i) for “All the competent institutions shall determine entitlement to benefit” substitute “Where the United Kingdom is competent, entitlement to benefit shall be determined”;

(ii) for “Member States” in both places it occurs substitute “States”;

(b) in paragraph 2—

(i) for “Member States” substitute “States”;

(ii) for “the institutions” substitute “where the United Kingdom is competent and the institution in the United Kingdom is”;

(iii) after “satisfied” insert “, it”.

19.  In Article 51(1)—

(a) in paragraph 1—

(i) for “a Member State” substitute “the United Kingdom”;

(ii) for “of that Member State” substitute “in the United Kingdom”;

(iii) for “other Member States” substitute “Member States”;

(b) in paragraph 2—

(i) for “another Member State” substitute “the United Kingdom”;

(ii) for “latter Member State” substitute “United Kingdom”;

(c) in paragraph 3—

(i) for “a Member State” substitute “the United Kingdom”;

(ii) for “that Member State” substitute “the United Kingdom”;

(iii) for “another Member State” in both places it occurs substitute “a Member State”.

20.  In Article 52(2)—

(a) in paragraph 1—

(i) for “The” in the first place it occurs substitute “Where the United Kingdom is competent, the”;

(ii) for “Member States” in both places it occurs substitute “States”;

(b) in paragraph 2 after “institution” insert “in the United Kingdom”;

(c) in paragraph 3 for “each Member State” substitute “the United Kingdom”;

(d) in paragraph 4—

(i) for “one Member State” substitute “the United Kingdom”;

(ii) after “institution” insert “in the United Kingdom”;

(iii) for “another Member State” substitute “a Member State”;

(e) in paragraph 5—

(i) after “3,” insert “where the United Kingdom is competent,”;

(ii) for “Member State concerned” substitute “United Kingdom”.

21.  In Article 53—

(a) for “a Member State” substitute “the United Kingdom”;

(b) for “another Member State” in each place it occurs substitute “a Member State”;

(c) for “a single Member State” substitute “the United Kingdom”;

(d) for “other Member States” in both places it occurs substitute “a Member State”.

22.  In Article 54—

(a) for “Member States” substitute “States”;

(b) for “a Member State” substitute “the United Kingdom”;

(c) omit paragraph 2.

23.  In Article 55—

(a) for “Member State concerned” substitute “United Kingdom”;

(b) for “institutions” in each place it occurs substitute “institution in the United Kingdom”;

(c) after “competent institution” insert “in the United Kingdom”;

(d) for “one or more Member States” substitute “the United Kingdom”;

(e) for “another Member State” substitute “a Member State”.

24.  In Article 56(3)—

(a) for “For” substitute “Where the United Kingdom is competent, for”;

(b) for “Member States” in the first place it occurs substitute “States”;

(c) for “one of these Member States” substitute “the United Kingdom”;

(d) for “of that Member State” in both places it occurs substitute “in the United Kingdom”;

(e) for “a Member State” in each place it occurs substitute “the United Kingdom”;

(f) for “other Member State” in both places it occurs substitute “Member State”;

(g) for “Member State concerned” substitute “the United Kingdom”;

(h) for “other Member States” substitute “Member States”.

25.  In Article 57—

(a) for “a Member State” substitute “the United Kingdom”;

(b) for “Member States” in the first two places it occurs substitute “States”;

(c) for “last of those Member States” substitute “United Kingdom where it is the last State”;

(d) for “that Member State” substitute “the United Kingdom”.

26.  For Article 58 substitute—

“Article 58 Award of a supplement

1.   A recipient of benefits to whom this chapter applies, who is resident in the United Kingdom and to whom a benefit is payable under the legislation of the United Kingdom may not be provided with a benefit which is less than the minimum benefit fixed by that legislation for a period of insurance or residence equal to all the periods taken into account for the benefit payment in accordance with this chapter.

2.   The competent institution in the United Kingdom shall pay the benefit recipient throughout the period of that person’s residence in the United Kingdom a supplement equal to the difference between the total of the benefits due under this chapter and the amount of the minimum benefit.”.

27.  In Article 59—

(a) for “Member State” substitute “the United Kingdom”;

(b) for “Member State concerned” substitute “United Kingdom”.

28.  In Article 60—

(a) for “legislation of a competent Member State” substitute “United Kingdom is competent and its legislation”;

(b) for “that Member State” in both places it occurs substitute “the United Kingdom”;

(c) for “a Member State” substitute “the United Kingdom”;

(d) for “that State” substitute “the United Kingdom”.

(1)

Paragraph 3 of Article 51 was substituted by Regulation No 988/2009.

(2)

Paragraph 4 of Article 52 was substituted, and paragraph 5 added, by Regulation No 988/2009.

(3)

Paragraph 1(c) of Article 56 was amended, and paragraph 1(d) added, by Regulation No 988/2009.