The Social Security Coordination (Council Regulation (EEC) No 1408/71 and Council Regulation (EC) No 859/2003) (Amendment) (EU Exit) Regulations 2019 No. 726

SCHEDULES

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

PART 1 Amendments to Chapter 1: Sickness and maternity

1.  In Article 18—

(a) in paragraph 1—

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

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

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

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

(b) in paragraph 2 for “competent State” substitute “United Kingdom”.

2.  In Article 19—

(a) in the heading for “other than” substitute “where the United Kingdom is”;

(b) in paragraph 1—

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

(ii) omit “other than the competent State,”;

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

(iv) for “State” in the third place it occurs substitute “Member State”;

(c) in paragraph 1(b)—

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

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

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

(d) in paragraph 2—

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

(ii) omit “other than the competent State”;

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

3.  In Article 21—

(a) in the heading for “competent State” substitute “United Kingdom”;

(b) in paragraph 1—

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

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

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

(c) in paragraph 4—

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

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

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

4.  In Article 22(1)—

(a) in the heading—

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

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

(b) in paragraph 1—

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

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

(c) in paragraph 1(c)(ii)—

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

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

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

(d) omit paragraph 1a;

(e) in paragraph 3 omit “, 1a”.

5.  In Article 23(2)—

(a) in paragraph 1—

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

(ii) after “average contributions,” insert “the competent institution in the United Kingdom”;

(b) in paragraph 2—

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

(ii) after “standard earnings,” insert “the competent institution in the United Kingdom”;

(c) in paragraph 2a—

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

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

(d) in paragraph 3—

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

(ii) after “the family,” insert “the competent institution”;

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

(iv) for “competent State” substitute “United Kingdom”.

6.  In Article 25(3)—

(a) in paragraph 1—

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

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

(b) in paragraph 1(b)—

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

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

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

(c) omit paragraph 1a;

(d) in paragraph 2—

(i) after “Article 71(1)(b)(ii) apply,” insert “and who resides in the United Kingdom,”;

(ii) for “Member State in whose territory he resides” substitute “United Kingdom”;

(iii) for “country of residence” substitute “United Kingdom”;

(e) in paragraph 3—

(i) after “Where” insert “the United Kingdom is the competent State responsible for the cost of unemployment benefits for entitlement to sickness and maternity benefits, and where”;

(ii) for “Member State which is responsible for the cost of unemployment benefits for entitlement to sickness and maternity benefits” substitute “United Kingdom”;

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

(iv) for “Member State which is responsible for the cost of unemployment benefits” substitute “United Kingdom”;

(v) for “which it administers” substitute “of the United Kingdom”;

(f) in paragraph 4—

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

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

(iii) for “administered by that institution” substitute “of the United Kingdom”.

7.  In Article 25a—

(a) for “The institution which” substitute “Where the competent institution in the United Kingdom”;

(b) for “and which belongs to a Member State whose legislation” substitute “and where the legislation of the United Kingdom”;

(c) after “maternity benefits” insert “, the competent institution”;

(d) for “its” substitute “that”.

8.  In Article 27—

(a) in the heading—

(i) for “several” substitute “the United Kingdom and one or more Member”;

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

(b) for “A pensioner who” substitute “Where a pensioner resides in the United Kingdom, and”;

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

(d) omit “of which one is that of the Member State in whose territory he resides,”;

(e) for “latter Member State” in both places it occurs substitute “United Kingdom”;

(f) for “place of residence” substitute “United Kingdom”.

9.  In Article 28—

(a) in the heading for “one or more” substitute “the United Kingdom and one or more Member”;

(b) in paragraph 1—

(i) for “A pensioner” substitute “Where the United Kingdom is the competent State, a pensioner”;

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

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

(iv) after “shall nevertheless receive such benefits” insert “from the competent institution in the United Kingdom”;

(v) for “Member State or at least one of the Member States” to “of such State” substitute “United Kingdom if he were resident in the United Kingdom”;

(c) in paragraph 1(b) for “which it administers” substitute “of the United Kingdom”;

(d) in paragraph 2—

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

(ii) for “two” substitute “the United Kingdom and one”.

10.  In Article 29(4)—

(a) in paragraph 1—

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

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

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

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

(b) in paragraph 1(b)—

(i) for “which it administers” substitute “of the United Kingdom”;

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

(c) in paragraph 2 for “Members” substitute “Where the United Kingdom is the competent State, members”;

(d) in paragraph 2(b)—

(i) for “which it administers” substitute “of the United Kingdom”;

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

11.  In Article 31(5)—

(a) in paragraph 1—

(i) for “A pensioner” substitute “Where the United Kingdom is the competent State, a pensioner”;

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

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

(iv) for “one of those States” substitute “the United Kingdom”;

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

(b) in paragraph 1(b)—

(i) for “which it administers” substitute “of the United Kingdom”;

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

(c) omit paragraph 2.

12.  In Article 33(1) for “Member State” in both places it occurs substitute “State”;

13.  In Article 34 for “Member State” in each place it occurs substitute “State”.

14.  In Article 35(6)—

(a) in paragraph 1—

(i) for “legislation of the country of stay or residence” substitute “United Kingdom is the country of stay or residence, and the legislation of the United Kingdom”;

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

(b) in paragraph 3—

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

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

(c) in paragraph 4—

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

(ii) for “which administers that legislation” substitute “of the United Kingdom”;

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

(1)

Article 22 was amended by Regulation (EC) No 631/2004 of the European Parliament and of the Council of 31 March 2004 (“Regulation No 631/2004”).

(2)

Article 23 was amended by Regulation No 647/2005.

(3)

Article 25 was amended by Regulation No 631/2004.

(4)

Article 29 was amended by Council Regulation (EC) No 1223/98 of 4 June 1998 (“Regulation No 1223/98”).

(5)

Article 31 was amended by Regulation No 1223/98 and substituted by Regulation No 631/2004.

(6)

Article 35 was amended by Regulation No 307/1999 and Regulation No 647/2005.