PART 2

Social security co-ordination

Power to modify retained direct EU legislation relating to social security co-ordination
6
1
An appropriate authority may by regulations modify the retained direct EU legislation mentioned in subsection (2).
2
The retained direct EU legislation is—
a
Regulation (EC) No 883/2004 of the European Parliament and of the Council on the co-ordination of social security systems;
b
Regulation (EC) No 987/2009 of the European Parliament and of the Council laying down the procedure for implementing Regulation (EC) No 883/2004;
c
Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community;
d
Regulation (EEC) No 574/72 fixing the procedure for implementing Regulation (EEC) No 1408/71;
e
Regulation (EC) No 859/2003 extending Regulation (EEC) No 1408/71 to nationals of non-EU Member Countries.
3
The power to make regulations under subsection (1) includes power—
a
to make different provision for different categories of person to whom they apply (and the categories may be defined by reference to a person's date of arrival in the United Kingdom, their immigration status, their nationality or otherwise);
b
otherwise to make different provision for different purposes;
c
to make supplementary, incidental, consequential, transitional, transitory or saving provision;
d
to provide for a person to exercise a discretion in dealing with any matter.
4
The power to make provision mentioned in subsection (3)(c) includes power to modify—
a
any provision made by primary legislation passed before, or in the same Session as, this Act;
b
any provision made under primary legislation before, or in the same Session as, this Act is passed;
c
retained direct EU legislation which is not mentioned in subsection (2).
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7
In this section, “appropriate authority” means—
a
the Secretary of State or the Treasury,
b
a Northern Ireland department, or
c
a Minister of the Crown acting jointly with a Northern Ireland department.
8
Schedule 2 contains further provision about the power to make regulations under this section.
9
Schedule 3 contains provision about the making of regulations under this section.
S. 6 in force at 14.11.2020 by S.I. 2020/1279, reg. 2(b)
S. 6(5) omitted (1.1.2024) by virtue of The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 92(4)
S. 6(6) omitted (1.1.2024) by virtue of The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 92(4)