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The Social Security Coordination (Regulation (EC) No 987/2009) (Amendment) (EU Exit) Regulations 2019

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Statutory Instruments

2019 No. 723

Exiting The European Union

Social Security

The Social Security Coordination (Regulation (EC) No 987/2009) (Amendment) (EU Exit) Regulations 2019

Made

27th March 2019

Coming into force in accordance with regulation 1

In accordance with paragraph 1(3) of Schedule 7 to the European Union (Withdrawal) Act 2018(1) a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, that Act.

Citation and commencement

1.  These Regulations may be cited as the Social Security Coordination (Regulation (EC) No 987/2009) (Amendment) (EU Exit) Regulations 2019 and come into force on exit day.

Amendment of Regulation (EC) No 987/2009

2.  The Schedules to these Regulations amend Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems—

(a)Schedule 1 amends Title 1 (general provisions);

(b)Schedule 2 amends Title 2 (determination of the legislation applicable);

(c)Schedule 3 amends Title 3 (special provisions concerning the various categories of benefits);

(d)Schedule 4 amends Title 4 (financial provisions);

(e)Schedule 5 amends Title 5 (miscellaneous, transitional and final provisions);

(f)Schedule 6 amends the Annexes.

Signed by authority of the Secretary of State for Work and Pensions

Alok Sharma

Minister of State for Employment

Department for Work and Pensions

27th March 2019

SCHEDULES

Regulation 2(a)

SCHEDULE 1Amendments to Title 1: General provisions

PART 1Amendments to Chapter 1: Definitions

1.  In Article 1—

(a)in paragraph 2(b) for “Member State” substitute “State”;

(b)in paragraph 2(d) for “Member States” substitute “States”;

(c)omit paragraph 2(f).

PART 2Amendments to Chapter 2: Provisions concerning cooperation and exchanges of data

2.  Before Article 2 insert—

Article A2Performance of obligations dependent on Member State information

1.  This Article applies where, in the view of the competent authority of the United Kingdom, performance of an obligation under this Regulation by an institution in the United Kingdom is wholly or partly dependent on information held by an institution or authority in a Member State.

2.  The institution in the United Kingdom must take all reasonable steps to obtain the information from the institution or authority in the Member State.

3.  If the institution in the United Kingdom complies with the duty in paragraph 2 but is unable to obtain the information and the institution considers that the claimant could provide the information, it must inform the claimant that it has been unable to obtain the information and ask the claimant:

(a)to take reasonable steps to obtain the information from the institution or authority in the Member State; or

(b)where it is not possible for the claimant to obtain the information from the institution or authority in the Member State, to provide such relevant information or evidence as the claimant has.

4.  The institution in the United Kingdom is not required to perform the obligation if it complies with the duty in paragraphs 2 or 3 but is unable to obtain the information and:

(a)the claimant does not provide it within a reasonable time; or

(b)the claimant does provide it but the institution is of the view that the information is not accurate or is incomplete..

3.  In Article 2—

(a)in paragraph 1 for “Member States’” substitute “States’”;

(b)in paragraph 2—

(i)for “shall without delay” substitute “in the United Kingdom may take reasonable steps to”;

(ii)after “applies” insert “, including the establishing and determining of those rights and obligations by a Member State applying the basic regulation as it applies in the European Union”;

(iii)for “Such” substitute “Any such data”;

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

(c)in paragraph 3—

(i)for “territory of a Member State other than that in which the institution designated in accordance with the implementing Regulation is situated” substitute “United Kingdom instead of the institution in the Member State designated in accordance with the implementing Regulation”;

(ii)for “former institution” substitute “institution in the United Kingdom”;

(iii)omit from “That date” to the end of paragraph 3;

(iv)after paragraph 3 insert—

3A.  Where a person has mistakenly submitted information, documents or claims to an institution in a Member State and the implementing Regulation designated the United Kingdom, the date on which they were submitted to the institution in the Member State shall be binding on the institution in the United Kingdom to whom they should have been submitted. An institution in the United Kingdom shall not, however, be held liable, or deemed to have taken a decision, by virtue of its failure to act as a result of the late transmission of information, documents or claims by Members States’ institutions.;

(d)in paragraph 4—

(i)for “Member State of destination” substitute “United Kingdom”;

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

4.  In Article 3—

(a)in paragraph 1 for “Member States” substitute “An institution in the United Kingdom”;

(b)in paragraph 3 for “Member States” substitute “an institution in the United Kingdom”;

(c)in paragraph 4—

(i)for “relevant institutions” substitute “relevant institution in the United Kingdom”;

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

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

5.  Omit Article 4.

6.  In Article 5—

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

(b)in paragraph 1 for “other Member States” substitute “United Kingdom”;

(c)in paragraph 2—

(i)for “Member State that receives the document” substitute “United Kingdom”;

(ii)for “shall reconsider” substitute “may reconsider”;

(d)in paragraph 3 for “shall, insofar as this is possible,” substitute “may”;

(e)omit paragraph 4.

7.  Omit Article 6(2).

8.  In Article 7(1)—

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

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

PART 3Amendments to Chapter 3: Other general provisions for the application of the basic Regulation

9.  In Article 8—

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

(b)in paragraph 1—

(i)omit from “provisions of the implementing Regulation” to “, except the”;

(ii)at the end add “, may continue to have effect”;

(c)for paragraph 2 substitute—

2.  This Regulation does not apply to any matter within the scope of a convention in force between the United Kingdom and a Member State on or after exit day, to the extent that convention makes difference provision..

10.  In Article 9—

(a)in paragraph 1 and 3 for “Member States” in each place it occurs substitute “States”;

(b)in paragraph 2 for “shall be notified to the Administrative Commission and” substitute “are”.

11.  In Article 10 for “Member States” in both places it occurs substitute “States”.

12.  In Article 11—

(a)in paragraph 1—

(i)for “Where there is” to “agreement” substitute “Where there is a question about whether the place of residence of a person to whom the basic Regulation applies is the United Kingdom or a Member State, the institution in the United Kingdom shall establish”;

(ii)in point (a) after “territory of” insert “the United Kingdom or”;

(iii)in point (b)(vi) for “Member State” substitute “State”;

(b)in paragraph 2 for “agreement between the institutions concerned” substitute “a conclusion”.

13.  In Article 12—

(a)in paragraph 1 after “Regulation” insert “where the United Kingdom is the competent State”;

(b)in paragraph 2—

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

(ii)for “other Member State” substitute “Member State”;

(c)in paragraphs 3 and 4—

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

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

(d)in paragraph 5 for “Member States” substitute “States”;

(e)in paragraphs 5 and 6 for “Member State” in each place it occurs substitute “State”.

14.  In Article 13—

(a)in paragraph 1—

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

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

(iii)for “the Member State” substitute “the State”;

(b)in paragraph 2 for “Member State” substitute “State”.

Regulation 2(b)

SCHEDULE 2Amendments to Title 2: Determination of the legislation applicable

1.  In Article 14(3)—

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

(b)in paragraphs 5, 5a, 6 and 11 for “two” in each place it occurs substitute “the United Kingdom and one”;

(c)in paragraph 7 for “other Member States” substitute “Member States”.

2.  In Article 15(4)—

(a)in the heading after “Article 11(4)” insert “and (4A)”;

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

(c)after “Article 11(3)(b)” insert “or (4A)”;

(d)for “That institution” in both places it occurs substitute “Where that institution is in the United Kingdom, it”.

3.  In Article 16—

(a)in paragraph 1—

(i)for “two” substitute “the United Kingdom and one”;

(ii)for “Member State of residence thereof” substitute “United Kingdom where it is the person’s state of residence”;

(b)in paragraph 2—

(i)for “The designated institution of the place of residence” substitute “Where the place of residence is the United Kingdom, the designated institution”;

(ii)omit the second and third sentences;

(c)omit paragraphs 3 and 4;

(d)in paragraph 5—

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

(ii)after “definitively” insert “the competent institution”;

(e)in paragraph 6—

(i)for “shall” substitute “may”;

(ii)for “designated by the competent authority of the Member State of residence” substitute “of the United Kingdom”.

4.  In Article 17 for “Member State” substitute “State”.

5.  In Article 18—

(a)after “Articles 11 to” insert “13 and”;

(b)for “Member State” substitute “State”.

6.  In Article 19—

(a)after “Regulation” in both places it occurs insert “, the competent institution”;

(b)in paragraph 1 for “The competent institution of the Member State whose legislation” substitute “Where the legislation of the United Kingdom”;

(c)in paragraph 2 for “the competent institution of the Member State whose legislation” substitute “where the legislation of the United Kingdom”.

7.  In Article 20—

(a)in paragraph 1—

(i)for “relevant institutions shall” substitute “relevant institution in the United Kingdom shall take reasonable steps to”;

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

(iii)after “whose legislation” insert “the United Kingdom deems”;

(iv)after “contributions which” insert “the United Kingdom considers”;

(v)for “employer(s) are” substitute “employer may be”;

(b)in paragraph 2—

(i)for “Member State whose” substitute “United Kingdom, in the event that its”;

(ii)for “shall” substitute “, shall take reasonable steps to”;

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

(iv)after “whose legislation” insert “the United Kingdom considers”.

8.  In Article 21 for “Member State” in each place it occurs substitute “State”.

Regulation 2(c)

SCHEDULE 3Amendments to Title 3: Special provisions concerning the various categories of benefits

PART 1Amendments to Chapter 1: Sickness, maternity and equivalent paternity benefits

1.  In Article 27—

(a)in the heading for “Member State” in both places it occurs substitute “State”;

(b)in paragraph 1—

(i)for “If the legislation of the competent Member State” substitute “Where the United Kingdom is the competent State and the legislation of the United Kingdom”;

(ii)for “Article 21(1)” substitute “Article 21”;

(c)in paragraph 2—

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

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

(d)in paragraph 3—

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

(ii)for “The institution shall immediately” substitute “That institution may”;

(iii)for the final sentence substitute “If a certificate is drawn up, the insured person shall send it to the competent institution in the United Kingdom”;

(e)in heading B for “Member State” substitute “United Kingdom where it is the State”;

(f)in paragraph 5—

(i)after “competent institution,” insert “where the place of residence is the United Kingdom”;

(ii)for “place of residence” in both places it occurs substitute “United Kingdom”;

(iii)for “applied by this latter institution” substitute “of the United Kingdom”;

(g)in heading C after “institution” add “where the United Kingdom is the competent State”;

(h)in paragraph 6 after “competent institution” insert “in the United Kingdom”;

(i)in paragraph 7 for “Without prejudice to the second sentence of Article 21(1) of the basic Regulation, the competent institution” substitute “The competent institution in the United Kingdom”;

(j)in paragraph 8—

(i)for “Article 21(1)” substitute “Article 21”;

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

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

(k)in heading D and in paragraph 10 for “Member State” in each place it occurs substitute “State”.

2.  In Article 28—

(a)in the heading for “Member State” in both places it occurs substitute “State”;

(b)in paragraph 1—

(i)for “In” substitute “Where the United Kingdom is the competent State, in”;

(ii)for “Article 21(1)” substitute “Article 21”;

(iii)after “competent institution” in both places it occurs insert “in the United Kingdom”;

(c)in heading B after “institution of” insert “the United Kingdom where the United Kingdom is”;

(d)in paragraph 2—

(i)after “competent institution,” insert “where the United Kingdom is the place of residence,”;

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

(iii)for “shall” in the second place it occurs substitute “may”;

(e)in heading C after “competent institution” insert “where the United Kingdom is the competent State”;

(f)in paragraph 3 after “care,” insert “where the United Kingdom is the competent State,”;

(g)in heading D and paragraph 5 for “Member State” in each place it occurs substitute “State”.

3.  In Article 30 for “Member State” in each place it occurs substitute “State”.

4.  In Article 32 in paragraph 1 for “Member State” substitute “State.

PART 2Amendments to Chapter 2: Benefits in respect of accidents at work and occupational diseases

5.  In Article 33 in the heading for “Member State” in both places it occurs substitute “State”.

6.  In Article 34—

(a)in the heading and paragraph 1 for “Member State” in each place it occurs substitute “State”;

(b)for paragraph 2 substitute—

2.  Where the accident at work occurred, or the occupational disease was first diagnosed, in the United Kingdom, the institution in the United Kingdom shall notify the competent institution of medical certificates drawn up in the territory of the United Kingdom.;

(c)in paragraph 3—

(i)for “territory of a Member State other than the competent Member State” substitute “United Kingdom, where it is not the competent State”;

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

(iii)for “which shall” substitute “which may”;

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

(v)after “institutions shall” insert “, as far as possible,”;

(vi)after “relating to the accident” insert “or any documents provided by the claimant”;

(d)in paragraph 4—

(i)for “shall” in the first place it occurs substitute “may”;

(ii)at the end add “(but only where that report has been received by the competent institution)”;

(e)in paragraph 5 for “shall” substitute “may”.

7.  In Article 36—

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

(b)in paragraph 1—

(i)for “shall” in the first place it occurs substitute “may”;

(ii)for “last Member State” substitute “last State”;

(iii)after “was sent” insert “is an institution in the United Kingdom and it”;

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

(c)in paragraph 2—

(i)for “institution of the last Member” substitute “United Kingdom is the last”;

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

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

(iv)for “the first institution” substitute “it”;

(v)for “previous Member State” substitute “previous State”;

(d)in paragraph 3 for “Member State” substitute “State”.

8.  In Article 37—

(a)in paragraph 1 for “one of the Member States under the legislation of which” substitute “the United Kingdom, where its legislation is the legislation under which”;

(b)in paragraph 2—

(i)for “applied by the institution to which” substitute “of the United Kingdom and”;

(ii)after “notification was sent” insert “to an institution in the United Kingdom”;

(iii)for “latter institution shall” substitute “latter institution may”;

(iv)for “That amount” substitute “The reimbursed amount”;

(v)for “Articles 72 and 73” substitute “Article 72”;

(c)after paragraph 2 insert—

2A.  Where advance payments have been made by an institution in a Member State to an institution in the United Kingdom and, as a result of an appeal, the institution in the United Kingdom is obliged to provide those benefits, it shall reimburse the institution in the Member State.;

(d)omit paragraph 3.

9.  In Article 38 for “Member State” substitute “State”.

10.  In Article 39—

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

(b)for “Member State in question” substitute “United Kingdom”;

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

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

11.  In Article 40—

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

(b)for “, where appropriate” to the end of the first paragraph substitute “a claim to the competent institution”.

PART 3Amendments to Chapter 3: Death grants

12.  In Article 42—

(a)omit “either”;

(b)omit from “or to the institution” to the end of the first paragraph.

PART 4Amendments to Chapter 4: Invalidity benefits and old-age and survivors’ pensions

13.  In Article 43—

(a)in paragraph 2—

(i)for “the institution of the Member State under whose legislation” substitute “and”;

(ii)after “completed” insert “under the legislation of the United Kingdom, the institution in the United Kingdom”;

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

(b)in paragraph 3—

(i)for “each member State” substitute “the United Kingdom”;

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

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

(iv)omit the final sentence.

14.  In Article 44—

(a)in paragraph 1 for “Member State” substitute “State”;

(b)in paragraph 2—

(i)for “, the institution of the Member State” to “the basic Regulation,” substitute “and the legislation of the United Kingdom”;

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

(c)in paragraph 3 for “another Member State” in substitute “a Member State”.

15.  In Article 45—

(a)in paragraph 1—

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

(ii)after “place of residence” substitute “if that is the United Kingdom”;

(b)in paragraph 3—

(i)after “Regulation,” in the first place it occurs insert “where”;

(ii)after “last insured” insert “is in the United Kingdom, it”;

(iii)after “that date” insert “the institution may withdraw”;

(iv)for “shall be withdrawn or reduced to” substitute “or reduce such benefits to the level of”;

(c)in paragraph 4—

(i)for “residence or” substitute “residence and”;

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

(iii)after “If the” insert “place of residence is the United Kingdom and the”;

(iv)for “applied by the institution of the place of residence, that institution” substitute “of the United Kingdom, the institution in the United Kingdom”;

(d)in paragraph 5 for “all the institutions in the Member State concerned” substitute “the relevant institution in the United Kingdom”;

(e)in paragraph 6—

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

(ii)for “Member State” substitute “State”.

16.  In Article 46—

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

(b)for “institutions concerned” substitute “institution in the United Kingdom”;

(c)for “Member State” substitute “State”.

17.  In Article 47—

(a)in paragraph 1—

(i)in the first subparagraph after “‘contact institution’” insert “and, where it is in the United Kingdom, as ‘the United Kingdom’s contact institution’”;

(ii)in the second subparagraph for “contact institution” substitute “the United Kingdom’s contact institution, take reasonable steps to”;

(b)in paragraph 2 for “which” in the second place it occurs substitute “and where that is an institution in the United Kingdom, it”;

(c)in paragraph 4 before “contact institution” in both places it occurs insert “United Kingdom’s”;

(d)in paragraph 5—

(i)for “Each of the institutions in question” substitute “Where the institution in the United Kingdom is contacted by the contact institution in a Member State, it”;

(ii)for “their legislation” substitute “the legislation of the United Kingdom”;

(e)in paragraph 6 for “Each of the institutions in question” substitute “Where the institution in the United Kingdom is contacted by the contact institution in a Member State, it”;

(f)in paragraph 7 for “an institution” substitute “the institution in the United Kingdom”.

18.  In Article 48—

(a)in paragraph 1—

(i)for “Each institution” substitute “The institution in the United Kingdom”;

(ii)for “Each decision” substitute “The decision”;

(iii)after the second sentence insert “The contact institution in a Member State may, and the claimant shall, notify the institution in the United Kingdom of any decision taken in accordance with the applicable legislation.”;

(iv)before “contact institution” insert “United Kingdom’s”;

(v)omit the last two sentences;

(b)in paragraph 2—

(i)for “two or more institutions” substitute “an institution in the United Kingdom and one or more institutions in Member States”;

(ii)for “institutions concerned” substitute “institution in the United Kingdom”;

(iii)for “respective national legislation” substitute “legislation of the United Kingdom”;

(iv)for “The claimant shall be notified” substitute “Where the institution in the United Kingdom reviews a decision, it shall notify the claimant”.

19.  In Article 49—

(a)omit paragraph 1—

(b)in paragraph 2—

(i)for “Where Article 46(3)” to “, each institution” substitute “The institution in the United Kingdom”;

(ii)for “its legislation” substitute “the legislation of the United Kingdom”;

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

(iv)for “other Member State” substitute “Member State”;

(v)for “its own Member State” substitute “the United Kingdom” .

20.  In Article 50—

(a)in paragraph 1—

(i)for “any institution which” substitute “where an institution in the United Kingdom”;

(ii)for “applicable legislation” substitute “the legislation of the United Kingdom”;

(iii)after “basic Regulation,” insert “it”;

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

21.  In Article 51 after “the institution” insert “in the United Kingdom”.

22.  In Article 52—

(a)in paragraph 1—

(i)for “the institutions to whose legislation a person has been subject” substitute “where a person has been subject to the legislation of the United Kingdom, the institution in the United Kingdom”;

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

(b)omit paragraphs 2 and 3.

23.  Omit Article 53.

PART 5Amendments to Chapter 5: Unemployment benefits

24.  In Article 54(5)—

(a)in paragraph 1 after “competent institution” insert “in the United Kingdom”;

(b)omit paragraphs 2 and 3.

25.  In Article 55(6)—

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

(b)in paragraph 1—

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

(ii)for “That institution” substitute “Where the competent institution is in the United Kingdom, it”;

(iii)for “competent State” substitute “United Kingdom”;

(c)in paragraph 2—

(i)for “Member State” in the first two places it occurs substitute “State”;

(ii)after “this document,” insert “and he has gone to the United Kingdom,”;

(iii)for “Member State to which the unemployed person has gone” substitute “United Kingdom”;

(d)in paragraph 3 for “The employment services” to “seek employment” substitute “Where the unemployed person has gone to seek employment in the United Kingdom, the employment services in the United Kingdom”;

(e)in paragraph 4 in the third subparagraph after “competent institution” insert “of the Member State”;

(f)in paragraphs 4 and 5—

(i)for “The institution” substitute “Where the unemployed person has gone to the United Kingdom, the institution”;

(ii)for “Member State to which the unemployed person has gone” in each place it occurs substitute “United Kingdom”;

(g)in paragraph 6 for “Member States” in both places it occurs substitute “States”.

26.  In Article 56(7)—

(a)in the heading for “Member State” in both places it occurs substitute “State”;

(b)in paragraph 1—

(i)for “Member State” in the first two places it occurs substitute “State”;

(ii)for “At” substitute “Where the United Kingdom is providing the benefits, the employment services in the United Kingdom shall, at”;

(iii)omit “the employment services in the Member State that is providing the benefits shall”;

(c)in paragraph 2—

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

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

(d)in paragraph 3 for “the institution of the Member State to whose legislation the worker was last subject shall” substitute “where the worker was last subject to the legislation of the United Kingdom, the institution in the United Kingdom shall take reasonable steps to”.

27.  In Article 57—

(a)in the heading omit “62,”;

(b)in paragraph 2—

(i)for “An” substitute “Where the United Kingdom is the competent State, an”;

(ii)for “competent State” substitute “United Kingdom”;

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

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

(v)for “competent institution” substitute “institution in the United Kingdom”.

PART 6Amendments to Chapter 6: Family benefits

28.  In Article 58—

(a)for “each Member State concerned” substitute “the competent institution in the United Kingdom”;

(b)for “the competent institution” to the end of the text substitute—

where the amount of benefit paid by the United Kingdom is higher than that paid by the Member State under whose legislation a person has an overlapping right to family benefits, the competent institution in the United Kingdom shall pay the full amount of such benefits and shall request reimbursement of half this sum from the competent institution in the Member State under whose legislation a person has an overlapping right to family benefits up to the limit of the amount provided for in the legislation of that Member State..

29.  In Article 59—

(a)in paragraph 1—

(i)after “Where the” insert “determination of the”;

(ii)for “change between Member States” substitute “by the competent institution in the United Kingdom changes”;

(iii)for “those Member States, the institution” substitute “the United Kingdom, the competent institution in the United Kingdom”;

(b)in paragraph 2—

(i)for “other Member State or Member States concerned” substitute “Member State or Member States under whose legislation it believes a person may have a right to family benefits”;

(ii)omit the final sentence.

30.  In Article 60—

(a)in paragraph 1—

(i)after “the competent institution” in the first place it occurs insert “in the United Kingdom”;

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

(iii)for “Member State whose legislation is applicable” substitute “United Kingdom”;

(b)in paragraph 2—

(i)for “The institution” substitute “The competent institution in the United Kingdom”;

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

(iii)for “other Member State” in the first place that it occurs substitute “Member State under whose legislation the competent institution in the United Kingdom believes a person may have a right to family benefits”;

(iv)for “the other Member State” in the second place that it occurs substitute “that Member State”;

(v)after “benefits paid” add “to the applicant by the United Kingdom”;

(c)in paragraph 3—

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

(ii)for “its legislation” substitute “the legislation of the United Kingdom”;

(iii)omit “shall take a provisional decision, without delay, on the priority rules to be applied and”;

(iv)for “other Member State” insert “Member State under whose legislation the competent institution in the United Kingdom believes a person may have a right to family benefits”;

(v)omit from “That institution shall take” to “benefits paid.”;

(d)omit paragraphs 4 and 5.

31.  In Article 61—

(a)omit the first sentence;

(b)after “institution competent” insert “in the United Kingdom”.

Regulation 2(d)

SCHEDULE 4Amendments to Title 4: Financial provisions

PART 1Amendments to Chapter 2: Reimbursement of unemployment benefits pursuant to Article 65 of the basic Regulation

1.  In Article 70—

(a)in the first paragraph—

(i)for “shall” in the first place it occurs substitute “may”;

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

(iii)for “The request shall be” substitute “There is no requirement to consider a request unless it is”;

(iv)for “. The request shall indicate” substitute “ and the request indicates”;

(v)for “. The claims shall be” substitute “and the claim is”;

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

(b)omit the second, third and fourth paragraphs;

(c)in the fourth paragraph—

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

(ii)omit the final sentence.

PART 2Amendments to Chapter 3: Recovery of benefits provided but not due, recovery of provisional payments and contributions, offsetting and assistance with recovery

2.  In Article 71 for “Member States” substitute “the States”.

3.  In Article 72—

(a)in paragraph 1—

(i)for “Member State” in the first two places it occurs substitute “State”;

(ii)for “The institution of the latter Member State” substitute “Where an institution in the United Kingdom is responsible for paying benefit to the person concerned, it”;

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

(b)in paragraph 2—

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

(ii)for “After the latter institution” substitute “Where an institution in the United Kingdom is responsible for the payment of corresponding benefits to the person concerned, after it”;

(iii)for “shall” in the first place it occurs substitute “may”;

(iv)for “which is due to pay arrears” substitute “in the United Kingdom”;

(v)omit the final sentence;

(c)in paragraph 3—

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

(ii)in the final subparagraph for “shall” in the first place it occurs substitute “may”;

(iii)in the final subparagraph after “which” in the second place it occurs insert “, if it is an institution in the United Kingdom,”;

(iv)in the final subparagraph for “it applies” substitute “of the United Kingdom”.

4.  Omit Article 73.

5.  In Article 74 for “Articles 72 and 73” substitute “Article 72”.

6.  In Article 75—

(a)in paragraph 1 for “Member State” in both places it occurs substitute “State”;

(b)in paragraph 2 for “Member States” substitute “States”;

(c)omit paragraph 3.

7.  In Article 76—

(a)in paragraph 1—

(i)after “requested party” in both places it occurs insert “in the United Kingdom”;

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

(b)in paragraph 2 for “request for information shall indicate” substitute “requested party in the United Kingdom is not obliged to supply information unless the request for information indicates”;

(c)in paragraph 3 for “Member State” in both places it occurs substitute “State”;

(d)in paragraph 4 after “requested party” insert “in the United Kingdom”.

8.  In Article 77—

(a)in paragraph 1—

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

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

(b)in paragraph 2 for “request for notification shall indicate” substitute “requested party in the United Kingdom is not obliged to provide notification unless the request for notification indicates”;

(c)in paragraph 3 after “requested party” insert “in the United Kingdom”.

9.  In Article 78—

(a)in paragraph 1—

(i)after “applicant party” in the first place it occurs insert “in the United Kingdom”;

(ii)for “Member State of the applicant party” substitute “United Kingdom”.

(b)in paragraph 2—

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

(ii)after point (c) add—

(d)the request includes the following information:

(i)the name, address and any other relevant information relating to the identification of the natural or legal person concerned or to the third party holding his or her assets, or to both;

(ii)the name, address and any other relevant information relating to the identification of the applicant party;

(iii)a reference to the instrument permitting its enforcement, issued in the State of the applicant party;

(iv)the nature and amount of the claim, including the principal, the interest, fines, administrative penalties and all other charges and costs due indicated in the currencies of the States of the applicant and requested parties;

(v)the date of notification of the instrument to the addressee by the applicant party and/or by the requested party;

(vi)the date from which and the period during which enforcement is possible under the laws in force in the State of the applicant party;

(vii)any other relevant information;

(e)the request contains a declaration by the applicant party confirming that the conditions laid down in points (a) to (c) have been fulfilled.;

(c)omit paragraphs 3 and 4;

(d)in paragraph 5 after “applicant party” insert “in the United Kingdom”.

10.  In Article 79—

(a)in paragraph 1 for “Member State” substitute “United Kingdom where it is the State”;

(b)in paragraph 2—

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

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

(iii)for “Member States” in the first place it occurs substitute “the United Kingdom”;

(iv)for “Member States” in the second place it occurs substitute “The United Kingdom”;

(v)after “requested party” in the second place it occurs insert “in the United Kingdom”.

11.  In Article 80—

(a)in paragraph 1 for the first sentence substitute “Where the requested party is in the United Kingdom, claims shall be recovered in pounds sterling.”;

(b)in paragraph 2 in the first subparagraph—

(i)after “requested party” in both places it occurs insert “in the United Kingdom”;

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

(c)in paragraph 2 in the second subparagraph—

(i)for “interest shall be charged,” substitute “the requested party in the United Kingdom may charge interest”;

(ii)for “Member State of the requested party and” substitute “United Kingdom and that interest”.

12.  In Article 81—

(a)in paragraph 1—

(i)after “recovery procedure” insert “where the institution in the United Kingdom is the applicant party”;

(ii)for “Member State of the applicant party” in both places it occurs substitute “United Kingdom”;

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

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

(b)in paragraph 2 in the first subparagraph—

(i)for “As soon as the requested party” substitute “Where the requested party is in the United Kingdom, as soon as it”;

(ii)after “requested party” in the second place it occurs insert “in the United Kingdom”;

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

(c)in paragraph 2 in the second subparagraph—

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

(ii)for “applicant party shall be liable for the” substitute “requested party in the United Kingdom may seek”;

(d)in paragraph 3—

(i)for “Member State of the requested party” substitute “United Kingdom”;

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

(e)in paragraph 4 for “Member State of the applicant party” substitute “United Kingdom”.

13.  In Article 82—

(a)in paragraph 1—

(i)after “requested party” in the first place it occurs insert “in the United Kingdom”;

(ii)for “Member State of the requested party” in both places it occurs substitute “United Kingdom”;

(b)in paragraph 2 after “requested party” insert “in the United Kingdom”.

14.  In Article 83 for “Member State” in each place it occurs substitute “State”.

15.  In Article 84—

(a)after “requested party” in the first place it occurs insert “in the United Kingdom”;

(b)for “Member State of the requested party” substitute “United Kingdom”.

16.  In Article 85—

(a)in paragraph 1—

(i)for “shall” substitute “in the United Kingdom may”;

(ii)for “Member State of the requested party” substitute “United Kingdom”;

(b)in paragraph 3—

(i)for “The Member State of the applicant party” substitute “Where the institution in the United Kingdom is the applicant party, the United Kingdom”;

(ii)after “applicant party” in the second place it occurs insert “in the United Kingdom”.

17.  Omit Article 86.

Regulation 2(e)

SCHEDULE 5Amendments to Title 5: Miscellaneous, transitional and final provisions

1.  In Article 87—

(a)for paragraph 1 substitute—

1.  Without prejudice to the other provisions, where a recipient or a claimant of benefits, or a member of his family, is staying or residing in the United Kingdom, where that is not the place in which the debtor institution is located, the medical examination shall be carried out, at the request of the debtor institution, by the institution in the United Kingdom in accordance with the procedures laid down by the legislation of the United Kingdom.

The debtor institution may inform the institution in the United Kingdom of any special requirements to be followed and points to be covered by the medical examination.;

(b)in paragraph 2—

(i)for “place of stay or residence” substitute “United Kingdom”;

(ii)omit the final sentence of the first subparagraph;

(c)in paragraph 3—

(i)for “territory of a Member State other than that” substitute “United Kingdom where that is not the State”;

(ii)for “beneficiary’s place of stay or residence” substitute “United Kingdom”;

(d)omit paragraph 4;

(e)in paragraph 5—

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

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

(f)omit paragraph 6.

2.  Omit Articles 88 and 89.

3.  In Article 90 omit the final sentence.

4.  Omit Articles 91 and 92.

5.  In Article 94—

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

(b)for “Member States” in each place it occurs substitute “States”.

6.  Omit Article 95.

7.  After Article 97 omit “This Regulation shall be binding in its entirety and directly applicable in all Member States”.

Regulation 2(f)

SCHEDULE 6Amendments to the Annexes

1.—(1) Annex 1(8) is amended as follows.

(2) Omit the headings BELGIUM-DENMARK to BELGIUM-NETHERLANDS and the text under each.

(3) Omit the headings BULGARIA-CZECH REPUBLIC to DENMARK-SWEDEN and the text under each.

(4) Omit the headings GERMANY-FRANCE to IRELAND-SWEDEN and the text under each.

(5) Omit the headings SPAIN-FRANCE to SPAIN-SWEDEN and the text under each.

(6) Omit the headings FRANCE-ITALY to FRANCE-PORTUGAL and the text under each.

(7) Omit the heading ITALY-LUXEMBOURG and the text under it.

(8) Omit the headings LUXEMBOURG-NETHERLANDS and LUXEMBOURG-SWEDEN and the text under each.

(9) Omit the heading FINLAND-SWEDEN and the text under it.

(10) At the end of the Annex add—

  • NORWAY – UNITED KINGDOM

    The Exchange of Letters of 20 March 1997 and 3 April 1997 concerning Article 105 of Regulation (EEC) No 574/72 (waiving of the costs of administrative checks and medical examinations)..

2.  Omit Annexes 2, 4 and 5.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 (c.16) (the “EU(W)A”) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2) and section 8(3)) arising from the withdrawal of the United Kingdom from the European Union.

These Regulations make amendments to Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems. This is one of the EU Regulations which makes provision for the coordination of social security. In particular they make amendments to prevent, remedy or mitigate the deficiencies in section 8(2)(a), (b), (c) and (d) and under section 8(3) of the EU(W)A in relation to cash benefits, pensions and the determination of applicable law.

An impact assessment has not been prepared for this instrument as it has no impact on businesses, charities or the public sector.

(2)

Paragraph 1(b) and (c) of Article 6 were substituted by Regulation (EU) No 465/2012 of the European Parliament and of the Council of 22 May 2012 (“Regulation (EU) 465/2012”).

(3)

Paragraph 5 of Article 14 was substituted, and paragraphs 5a and 5b were inserted, by Regulation (EU) 465/2012

(4)

The second sentence of paragraph 1 of Article 15 was substituted by Regulation (EU) 465/2012.

(5)

Paragraph 2 of Article 54 was substituted by Regulation (EU) 465/2012.

(6)

Paragraph 1 of Article 55 was substituted, and paragraph 7 added, by Regulation (EU) 465/2012.

(7)

Paragraphs 1 and 2 of Article 56 were substituted by Regulation (EU) 465/2012.

(8)

Annex 1 was amended by Commission Regulation (EU) No 1244/2010 of 9 December 2010, Commission Regulation (EU) No 1224/2012 of 18 December 2012, Commission Regulation (EU) No 1372/2013 of 19 December 2013, Commission Regulation (EU) No 1368/2014 of 17 December 2014 (as corrected) and Commission Regulation (EU) 2017/492 of 21 March 2017.

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