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

PART 6 Amendments to Chapter 6: Unemployment benefits

29.  In Article 61—

(a) in paragraph 1—

(i) for “The competent institution of a Member State whose legislation makes” substitute “Where the United Kingdom is the competent State and the legislation of the United Kingdom makes”;

(ii) after “employment or self-employment” in the first place it occurs insert “the competent institution”;

(iii) for “any other Member State” substitute “a Member State”;

(iv) for “it applies” substitute “of the United Kingdom”;

(v) for “applicable legislation” in both places it occurs substitute “legislation of the United Kingdom”;

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

(b) in paragraph 2 after “the legislation” in the first place it occurs insert “of the United Kingdom”.

30.  Omit Article 62.

31.  In Article 64—

(a) in the heading for “another Member State” substitute “a Member State”;

(b) in paragraph 1—

(i) for “competent Member State” substitute “United Kingdom, where the United Kingdom is competent”;

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

(c) in point (a)—

(i) for “competent Member State” substitute “United Kingdom, where the United Kingdom is competent”;

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

(d) in point (b)—

(i) after “must” insert “take reasonable steps to”;

(ii) for “Member State which he/she left” substitute “United Kingdom”;

(iii) after “institutions” insert “in the United Kingdom”;

(e) in point (c)—

(i) for “Member State which he/she left” substitute “United Kingdom”;

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

(iii) after “institutions” insert “in the United Kingdom”;

(f) in point (d)—

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

(ii) for “it applies” substitute “of the United Kingdom”;

(g) in paragraph 2—

(i) for “competent Member State” in the first place it occurs substitute “United Kingdom, where the United Kingdom is competent,”;

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

(iii) for “competent Member State” in the second place it occurs substitute “United Kingdom”;

(iv) after “institutions” insert “in the United Kingdom”;

(h) in paragraph 3—

(i) for “competent Member State” substitute “United Kingdom, where the United Kingdom is competent,”;

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

(i) in paragraph 4 for “competent Member State” substitute “United Kingdom, where the United Kingdom is competent,”.

32.  In Article 65—

(a) in the heading for “a Member State” substitute “a State”;

(b) in paragraph 1—

(i) omit “other than the competent Member State”;

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

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

(c) in paragraph 2—

(i) for “Member State” in each place it occurs substitute “State”;

(ii) after “shall” in both places it occurs insert “take reasonable steps to”;

(d) in paragraph 3—

(i) before “register” in the first place it occurs insert “take reasonable steps to”;

(ii) for “Member State” in each place it occurs substitute “State”;

(e) in paragraph 4 for “Member State” in both places it occurs substitute “State”;

(f) in paragraph 5(a)—

(i) at the beginning insert “Where the United Kingdom is the state of residence,”;

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

(iii) for “of the place of residence” substitute “in the United Kingdom”;

(g) in paragraph 5(b)—

(i) after “However,” insert “where the United Kingdom is the State of residence,”;

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

(h) in paragraph 6—

(i) after “paragraph 7,” insert “the competent institution in the United Kingdom may request reimbursement from”;

(ii) for “shall reimburse to the institution of the place of residence” substitute “of”;

(iii) for “latter institution” substitute “institution in the United Kingdom”;

(i) in paragraph 7 for “Member State” substitute “State”;

(j) in paragraph 8 for “Member States” substitute “States”.

33.  In Article 65a(1)—

(a) for “Member State” in each place it occurs (including the heading) substitute “State”;

(b) for paragraph 2 substitute—

“2.   Benefits shall be provided to the wholly unemployed person referred to in paragraph 1 by the United Kingdom if the person was last subject to the legislation of the United Kingdom in accordance with that legislation.”.

(1)

Article 65a was inserted by Regulation No 465/2012.