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

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Social Security Coordination (Regulation (EC) No 883/2004, EEA Agreement and Swiss Agreement) (Amendment) (EU Exit) Regulations 2019 (revoked) No. 722

PART 4Amendments to Chapter 4: Invalidity benefits

13.  In Article 44—

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

(b)in paragraph 2—

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

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

(iii)after “occurred,” insert “where that is the United Kingdom,”;

(c)in paragraph 3—

(i)after “benefits” insert “from a Member State”;

(ii)after “paragraph 2,” insert “except where it is a consequence of the United Kingdom leaving the European Union,”;

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

14.  In Article 45—

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

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

15.  In Article 46—

(a)in paragraph 1—

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

(ii)omit “taking into account paragraph 3”;

(b)in paragraph 2—

(i)for “a type A legislation” substitute “the legislation of United Kingdom”;

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

(c)omit paragraph 3.

16.  In Article 47—

(a)in paragraph 1—

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

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

(b)in paragraph 2 after “payment” insert “, where that institution is in the United Kingdom,”;

(c)in paragraph 3—

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

(ii)after “previously competent” insert “, where that State is the United Kingdom”;

(iii)after “45” insert “, except where the lack of entitlement is a consequence of the United Kingdom leaving the European Union”.

17.  In Article 48—

(a)in paragraph 2 —

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

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

(b)in paragraph 3—

(i)for “one of more of the other Member States” substitute “the United Kingdom”;

(ii)for “that or those Member States” substitute “the United Kingdom”;

(c)in paragraph 4 for “Member State” substitute “State”.

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