2019 No. 721

Exiting The European Union

Social Security

The Social Security Coordination (Council Regulation (EEC) No 574/72) (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 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, commencement and interpretation
1
1
These Regulations may be cited as the Social Security Coordination (Council Regulation (EEC) No 574/72) (Amendment) (EU Exit) Regulations 2019 and come into force on exit day.
2
In these Regulations “Regulation (EEC) No 574/72” means Council Regulation (EEC) No 574/72 of 21 March 1972 laying down the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to their families moving within the Community .

Amendment of Regulation (EEC) No 574/72
2
The Schedules to these Regulations amend Regulation (EEC) No 574/72 as follows—
a
Schedule 1 amends Title 1 (general provisions);
b
Schedule 2 amends Title 2 (implementation of the general provisions of the Regulation);
c
Schedule 3 amends Title 3 (implementation of the provisions of the Regulation for determining the legislation applicable);
d
Schedule 4 amends Title 4 (implementation of the special provisions of the Regulation relating to the various categories of benefits);
e
Schedule 5 amends Title 5 (financial provisions);
f
Schedule 6 amends Title 6 (miscellaneous provisions);
g
Schedule 7 amends Title 7 (transitional and final provisions);
h
Schedule 8 amends the Annexes.

Revocation
3
Title 6a (provisions governing electronic data processing) of Regulation (EEC) 574/72 is revoked.
Signed on behalf 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
SCHEDULE 1

Amendments to Title 1: General provisions
Regulation 2(a)
1
After Article 1 insert—
Article 1A

Performance 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 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.
.
2
Omit Article 2 .
3
In Article 3 for “Member State” in each place it occurs substitute “State”.
4
In Article 4 —
a
in paragraphs 1, 2, 3 and 6 for “Member State” in each place it occurs substitute “State”;
b
in paragraph 5 omit “104,”;
c
in paragraph 8 for “Member States” substitute “States”;
d
in paragraph 10(b) for “89(1), 91(2), 102(2), 109, 110, 113(2)” substitute “91(2), 109, 113”.
SCHEDULE 2

Amendments to Title 2: Implementation of the general provisions of the Regulation
Regulation 2(b)
1
Omit Article 5 and the heading “Implementation of Articles 6 and 7 of the Regulation”.
2
In Article 6—
a
for “Articles 9 and 15(3)” substitute “Article 9”;
b
for “one Member State” substitute “the United Kingdom”;
c
for “that Member State” substitute “the United Kingdom”;
d
for “Articles” substitute “Article”;
e
for paragraph 2 substitute—
2
In order to invoke the provisions of Article 9(2) of the Regulation, a person shall take reasonable steps to obtain a certified statement relating to the insurance periods or periods of residence completed under the legislation of any Member State and shall submit any such statement to the institution in the United Kingdom.
.
3
In Article 7—
a
in paragraph 1—
i
for “two” substitute “the United Kingdom and one”;
ii
for “Member States concerned” substitute “United Kingdom”;
b
in paragraph 2—
i
for “Article 12(2), (3) and (4)” substitute “Article 12(2) and (3)”;
ii
for “institutions concerned” to the end of the paragraph substitute “institution in the United Kingdom shall request all appropriate information from the competent institutions of the Member States concerned”.
4
In Article 8 —
a
in the heading for “Member States” substitute “States”;
b
in paragraph 1—
i
for “two” substitute “the United Kingdom and one”;
ii
for “Member State in whose territory the confinement took place” substitute “United Kingdom, if the confinement took place in the United Kingdom,”;
iii
after “take place in” insert “the United Kingdom or in”;
iv
for “Member State” substitute “State”;
c
in paragraph 2—
i
after “incapacity for work” insert “and the person was last subject to the legislation of the United Kingdom”;
ii
for “Member State to which the person concerned was last subject” substitute “United Kingdom”;
d
omit paragraph 3.
5
In Article 8a—
a
in the heading for “one or more other Member States” substitute “the United Kingdom”;
b
for “one or more Member States” substitute “the United Kingdom”.
6
In Article 9—
a
in the heading for “Member States” substitute “States”;
b
in paragraph 1—
i
for “a Member State” substitute “the United Kingdom”;
ii
for “that Member State only” substitute “the United Kingdom”;
iii
omit from “, whilst the right “ to the end of the paragraph;
c
in paragraph 2—
i
for “one Member State” substitute “the United Kingdom”;
ii
for “two” in both places it occurs substitute “the United Kingdom and one”;
iii
for “territory of the Member States” substitute “United Kingdom”;
iv
for “Member State” substitute “State”;
v
omit from “, whilst the right” to the end of the paragraph;
d
omit paragraph 3 .
7
Omit Article 9a.
8
In Article 10—
a
in paragraph 1(a)—
i
for “a Member State” substitute “the United Kingdom”;
ii
after “suspended when” insert “it appears to the United Kingdom that”;
iii
for “another Member State” substitute “a Member State”;
iv
omit “or in application of Articles 73, 74, 77 or 78 of the Regulation”;
b
paragraph 1(b) for “first member State” substitute “United Kingdom”;
c
in paragraph 1(b)(i)—
i
for “another Member State” substitute “a Member State”;
ii
for “the right to family benefits due either only under national legislation of that Member State or under these Articles shall be suspended” substitute “the United Kingdom will deem that Member State to have suspended its family benefits”;
iii
omit the final sentence;
d
in paragraph 1(b)(ii)—
i
for “another Member State” substitute “a Member State”;
ii
for “the right to family benefits” to the end of the paragraph substitute “the United Kingdom will deem that Member State to have suspended its family benefits”;
e
omit paragraph 2;
f
in paragraph 3—
i
for “two Member States” substitute “the United Kingdom and a Member State”;
ii
for “the competent institution of the Member State with legislation providing for the highest level of benefit” substitute “where the legislation of the United Kingdom provides for the highest levels of benefits, the competent institution in the United Kingdom”;
iii
for “be reimbursed” substitute “may request reimbursement of”;
iv
for “other Member State” substitute “Member State”;
v
for “latter Member State” substitute “Member State”.
9
In Article 10a—
a
for “Member States” in each place it occurs (including the heading) substitute “States”;
b
in point (b) for “shall” substitute “may”;
c
in point (c) for “Member State” in both places it occurs substitute “State”.
SCHEDULE 3

Amendments to Title 3: Implementation of the provisions of the Regulation for determining the legislation applicable
Regulation 2(c)
1
In Article 10b—
a
for “Member State” in the first place it occurs substitute “State”;
b
for the second sentence substitute “Where the legislation of the United Kingdom becomes applicable to the person, the institution designated by the competent authority in the United Kingdom shall apply to the institution designated by the competent authority of the Member State with a request to specify this date.”.
2
In Article 10c —
a
after “Article 13(2)(d),” insert “where the legislation of the United Kingdom is applicable,”;
b
for “Member State whose legislation is applicable” substitute “United Kingdom”.
3
In Article 11 for “The institutions designated by the competent authority of the Member State whose legislation is to remain applicable” substitute “Where the legislation of the United Kingdom is to remain applicable, the institution designated by the competent authority of the United Kingdom”.
4
In Article 11a—
a
in the heading for “Member State” substitute “State”;
b
for “The institution designated by the competent authority of the Member State whose legislation is to remain applicable” substitute “Where the legislation of the United Kingdom is to remain applicable, the institution designated by the competent authority of the United Kingdom”.
5
Omit Article 12.
6
In Article 12a —
a
in the heading for “Member States” substitute “States”;
b
in paragraph in 1(a)—
i
for “Member States” in both places it occurs substitute “States”;
ii
for “Member State” in each place it occurs substitute “State”;
c
in paragraph in 1(b) —
i
for “legislation of the Member State in the territory of which the person resides” substitute “person resides in the United Kingdom but the legislation of the United Kingdom”;
ii
for “that Member State” substitute “the United Kingdom”;
iii
after “whose legislation” insert “it considers”;
d
in paragraph 1a—
i
for “Member State in whose territory” substitute “United Kingdom as the state where”;
ii
for “that Member State” substitute “the United Kingdom”;
iii
for “its legislation” substitute “the legislation of the United Kingdom”;
e
in paragraph 2(a)—
i
for “Member States” substitute “States”;
ii
for “Member State in whose territory he resides” substitute “United Kingdom, which is where he resides,”;
iii
for “that Member State” in the first place it occurs substitute “the United Kingdom”;
iv
for “that Member State shall” substitute “the United Kingdom may, where requested,”;
v
for “its legislation” substitute “the legislation of the United Kingdom”;
vi
omit from “and shall send” to the end of point (a)(ii);
f
in paragraph 2(b)—
i
for “shall” substitute “may”;
ii
for “Member State whose legislation is applicable” substitute “United Kingdom”;
iii
for “that legislation” substitute “the legislation of the United Kingdom”;
g
in paragraph 3(a)—
i
for “one Member State” substitute “a Member State”;
ii
for “another Member State” substitute “the United Kingdom”;
iii
for “Member State in whose territory” substitute “United Kingdom as the State where”;
iv
for “latter Member State shall” substitute “United Kingdom may, where requested,”;
v
for “its legislation” substitute “the legislation of the United Kingdom”;
vi
omit from “and shall send” to the end of point (a)(ii);
h
in paragraph 4(a)—
i
for “member States” substitute “States”;
ii
for “Member State in whose territory” substitute “United Kingdom as the State where”;
iii
for “latter Member State shall” substitute “United Kingdom may, where requested,”;
iv
for “its legislation” substitute “the legislation of the United Kingdom”;
v
omit from “and shall send” to the end of point (a)(ii);
i
in paragraph 5(a)—
i
for “who is normally” to “resides, is” `substitute “is not”;
ii
for “Member State” to “designated by” substitute “United Kingdom”;
iii
for “Member State in the territory of which he resides shall forthwith” substitute “United Kingdom may”;
iv
for “other Member States” substitute “Member States”;
j
in paragraph 5(b)—
i
for “Member States” substitute “States”;
ii
for “shall” substitute “may”;
k
in paragraph 5(c)—
i
for “The institution administering the legislation that has been determined as applicable to the person concerned shall” substitute “Where the legislation of the United Kingdom has been determined as applicable to the person concerned, the institution in the United Kingdom may, where requested,”;
ii
omit from “and shall send” to the end of the point;
l
in paragraph 5(e) for “shall” substitute “may”;
m
in paragraph 6(a)—
i
for “an institution designated” to “Article 14a(2) or (3) of the Regulation” substitute “the legislation of the United Kingdom is applicable by virtue of Article 14a(2) or (3) of the Regulation and an institution designated by the competent authority of the United Kingdom”;
ii
for “shall” in the first place it occurs substitute “may”;
iii
for “other Member States” substitute “Member States”;
iv
omit from “; where necessary” to the end of the point;
n
in paragraph 6(b)—
i
for “shall” substitute “may”;
ii
for “Member State whose” substitute “United Kingdom if its legislation”;
o
in paragraph 7(a)—
i
for “Article 14c(a)” substitute “Article 14c”;
ii
for “Member State in whose territory” substitute “United Kingdom as the State where”;
iii
for “latter Member State shall” substitute “United Kingdom may, where requested,”;
iv
omit from “and shall send” to the end of point (a)(ii);
p
omit paragraph 8.
7
In Article 12b —
a
for “Articles 14e or 14f” (including in the heading) substitute “Article 14e”;
b
omit the last sentence.
8
In Article 13—
a
in paragraph 2—
i
for “the Member State” substitute “the State”;
ii
for “The said institution” substitute “Where the institution is in the United Kingdom, it”;
iii
for “same Member State” substitute “United Kingdom”;
iv
for “that Member State” substitute “the United Kingdom”;
b
in paragraph 3—
i
for “The institution designated by the competent authority of the Member State for whose legislation the person concerned has opted” substitute “Where the person concerned has opted for the legislation of the United Kingdom, the institution designated by the competent authority of the United Kingdom”;
ii
for “that Member State” substitute “the United Kingdom”;
c
omit paragraph 4.
9
In Article 14—
a
in paragraph 1—
i
for “Member State” in the first place it occurs substitute “State”;
ii
for “The said institution” substitute “Where that institution is an institution in the United Kingdom it”;
iii
for “same Member State” substitute “United Kingdom”;
b
in paragraph 2—
i
for “The institution designated by the competent authority of the Member State for whose legislation the auxiliary staff member has opted” substitute “Where the auxiliary staff member has opted for the legislation of the United Kingdom, the institution designated by the competent authority of the United Kingdom”;
ii
for “that Member State” substitute “the United Kingdom”;
c
in paragraph 3 for “authorities of the Member States” substitute “authority of the United Kingdom”;
d
in paragraph 4 for “territory of a Member State other than Germany” substitute “United Kingdom”.
SCHEDULE 4

Amendments to Title 4: Implementation of the special provisions of the Regulation relating to the various categories of benefits
Regulation 2(d)
PART 1

Amendments to Chapter 1: General rules for the aggregation of periods
1
In Article 15 —
a
in paragraph 1(a)—
i
for “Member State” in each place it occurs substitute “State”;
ii
for “two” substitute “the United Kingdom and one”;
iii
for “each of the institutions concerned” substitute “the institution in the United Kingdom”;
iv
for “Member States” in the second place it occurs substitute “States”;
v
omit the final sentence;
b
in paragraph 1(b) and (c) for “Member State” in each place it occurs substitute “State”;
c
in paragraph 1(d)—
i
for “Member States” substitute “States”;
ii
for “Member State” in each place it occurs substitute “State”;
d
in paragraph 1(e) for “Member State” in both places it occurs substitute “State”;
e
in paragraph 1(f)—
i
for “one Member State” substitute “the United Kingdom”;
ii
for “which administers such legislation” substitute “of the United Kingdom”;
iii
for “another Member State” in both places it occurs substitute “a Member State”;
iv
for “second Member State” substitute “Member State”;
f
in paragraphs 2 and 3 for “Member State” in each place it occurs substitute “State”.
PART 2

Amendments to Chapter 2: Sickness and maternity
2
In Article 16—
a
in paragraph 1 after “shall” insert “take reasonable steps”;
b
in paragraph 2—
i
for the first sentence substitute “Where the employed person was last subject to the legislation of the United Kingdom, the institution in the United Kingdom shall issue this certified statement at the request of the person.”;
ii
for “shall” in the second sentence substitute “may”;
c
in paragraph 3—
i
for “other Member State” substitute “Member State”;
ii
for “competent State” substitute “United Kingdom”.
3
In Article 18—
a
in the heading for “other than” substitute “where the United Kingdom is”;
b
in paragraph 1 after “institution of the place of residence” in the first place it occurs insert “or, where that institution will not accept such an application, the competent institution in the United Kingdom,”;
c
in paragraph 2—
i
for “shall immediately” substitute “may”;
ii
for “. Such certificate shall state” substitute “, stating”;
iii
for “and shall be forwarded” to the end of the paragraph substitute “. If the certificate is drawn up, the person concerned shall send it to the competent institution in the United Kingdom.”;
d
in paragraph 3—
i
for “shall, as soon as possible” to “have him” substitute “may have the person concerned”;
ii
for “shall” substitute “may”;
iii
omit “within the three days following the date of the examination”;
e
in paragraph 4—
i
for “shall” in the first place it occurs substitute “may”;
ii
for “shall forthwith” substitute “may”;
f
after paragraph 4 insert—
4A
Where paragraphs 1 and 2 do not apply, the person concerned shall arrange to be examined by a doctor and forward to the competent institution as soon as reasonably practicable a report from that doctor stating the probable duration of the incapacity for work.
;
g
in paragraph 8 for “competent State” substitute “United Kingdom”;
h
omit paragraph 9.
4
In Article 24 in the heading for “other than” substitute “where the United Kingdom is”.
5
In Article 25—
a
after “competent institution” in each place it occurs insert “in the United Kingdom”;
b
omit “other than that wherein the said institution is situated”;
c
for “shall” in the first place it occurs in paragraph 2 substitute “may”;
d
omit “other than that wherein the said institutions is situated”.
6
In Article 26 —
a
in paragraph 1a—
i
after “competent insurance institution” insert “in the United Kingdom”;
ii
for “shall” in the third place it occurs substitute “may”;
b
in paragraph 2—
i
for “shall” in the first two places it occurs substitute “may”;
ii
omit the final sentence;
c
in paragraph 5 for “shall” substitute “may”;
d
in paragraph 6 for “shall” in each place it occurs substitute “may”.
7
In Article 32—
a
in the heading for “a Member State other than” substitute “the United Kingdom where it is not”;
b
for “country of stay or residence” substitute “United Kingdom”;
c
for “territory of the Member State in which they are staying or residing” in both places it occurs substitute “United Kingdom”.
8
In Article 33—
a
for “another Member State” (including in the heading) substitute “a Member State”;
b
for “a Member State called upon to provide benefits” substitute “the United Kingdom”.
PART 3

Amendments to Chapter 3: Invalidity, old-age and death (pensions)
9
In Article 35—
a
in paragraph 1 for “either to the institution” to the end of the paragraph substitute “to the institution in the United Kingdom”;
b
in paragraph 2—
i
for “the institution” in the first place it occurs substitute “where the United Kingdom is the institution initially responsible for payment of the benefits, it may request from the institution”;
ii
omit “shall notify”;
iii
for “it administers to the institution initially responsible for payment of the benefits” substitute “the latter administers”;
c
omit paragraph 3.
10
In Article 36—
a
in paragraph 1—
i
for “place of residence” in the first place it occurs substitute “United Kingdom, where it is the place of residence,”;
ii
for “administered by that institution” substitute “of the United Kingdom”;
iii
for “place of residence” in the second place it occurs substitute “United Kingdom”;
iv
for the final sentence substitute “Where the United Kingdom is the State to whose legislation an employed or self-employed person was last subject and a claim is forwarded by the institution of the place of residence, the date on which the claim was submitted to that institution shall be regarded as the date on which the claim was submitted to the institution in the United Kingdom.”;
b
in paragraph 2 for “Member State to whose legislation the employed or self-employed person was last subject” substitute “United Kingdom if he was last subject to the legislation of the United Kingdom”;
c
in paragraph 3—
i
for “a State” substitute “a state”;
ii
after “Member State” in the first place it occurs insert “or the United Kingdom”;
iii
for “that Member State” substitute “the United Kingdom if it is the”;
iv
for “Member State” in the final place it occurs substitute “United Kingdom as the State”;
d
in paragraph 4—
i
for “one Member State” substitute “the United Kingdom”;
ii
omit “concurrent”;
iii
for “all the Member States in question” to the end of paragraph substitute “the United Kingdom”.
11
In Article 37—
a
in point (a)—
i
after “legislation” insert “of the United Kingdom”;
ii
omit points (i) and (ii);
b
in point (b)—
i
after “the claimant” in the first place it occurs insert “to the institution in the United Kingdom”;
ii
after “confirmed” insert “, as far as possible,”;
c
in point (c) for “Member State” in both places it occurs substitute “State”;
d
omit point (d).
12
In Article 38—
a
in paragraph 1 in the first paragraph omit “other than in which the institution responsible for the award of benefits is situated”;
b
in paragraph 1 in the second paragraph for “shall” in the first place it occurs substitute “may”;
c
in paragraph 1 in the third paragraph—
i
for “responsible for the award of benefits,” substitute “in the United Kingdom”;
ii
omit “other than the State in which the said institution is situated”;
d
in paragraph 2 for “administered by the institution concerned” substitute “of the United Kingdom”.
13
In Article 39—
a
in paragraph 1—
i
after “institution” in the first place it occurs insert “in the United Kingdom”;
ii
for “shall” substitute “may”;
b
in paragraph 2—
i
for “other Member State” substitute “State”;
ii
for “competent State” substitute “United Kingdom”;
c
omit paragraph 3;
d
in paragraph 4 for “paragraphs 1, 2 and 3” substitute “paragraphs 1 and 2”.
14
In Article 40—
a
for “Member State” substitute “United Kingdom”;
b
for “other Member State” substitute “Member State”;
c
for “Each institution” substitute “The institution in the United Kingdom”;
d
omit from “except where” to the end of the Article.
15
In Article 41 for “Claims for benefit shall be investigated by that institution to which they have been sent or forwarded” substitute “Where claims for benefits are sent or forwarded to the institution in the United Kingdom, they shall be investigated by that institution”.
16
In Article 42—
a
for “Member States” substitute “States”;
b
omit paragraph 2.
17
In Article 43 —
a
in paragraph 1 for “Member State” substitute “State”;
b
in paragraph 2—
i
for “that institution shall complete the said form by indicating” substitute “the investigating institution may request that the other institution completes the following information in the said form”;
ii
for “it administers” substitute “the other institution administers”;
iii
omit “The form, thus completed, shall be returned to the investigating institution.”;
iv
for “second Member State” substitute “Member State”;
v
for “shall” in the last two places it occurs substitute “may”;
c
in paragraph 3 in the first subparagraph for “each one” to the end of the paragraph substitute “the investigating institution may request that the other institution complete the said form.”;
d
in paragraph 3 in the second subparagraph for “shall” in both places it occurs substitute “may”;
e
in paragraph 3 in the third subparagraph—
i
for “Member States” substitute “States”;
ii
for “shall” in the first place it occurs substitute “may”;
iii
for “which shall” substitute “and may request each institution to”;
iv
for “shall” in the last place it occurs substitute “to”;
f
omit paragraph 5.
18
Omit Articles 44 and 45.
19
In Article 46—
a
for “applicable” substitute “applied by the institution in the United Kingdom”;
b
for “Member State’s” substitute “United Kingdom’s”.
20
In Article 47—
a
for “it applies” substitute “of the United Kingdom”;
b
for “each Member State” substitute “the United Kingdom”;
c
for “another Member State” substitute “a Member State”.
21
In Article 48—
a
for “shall” in the first place it occurs substitute “may”;
b
for “must” substitute “may”.
22
In Article 49—
a
for “the institution which has taken such a decision” substitute “by the institution in the United Kingdom, it”;
b
omit “, if necessary through the good offices of the investigating institution”.
23
In Article 50—
a
in paragraph 1(a)—
i
for “one Member State” substitute “a Member State”;
ii
for “another Member State” substitute “the United Kingdom”;
iii
for “latter Member State” substitute “United Kingdom”;
iv
for “same Member State” substitute “Member State”;
v
omit “, under conditions fixed by the Administrative Commission,”;
vi
for “member State” substitute “State”;
b
in paragraph 1(b) for “shall” substitute “may”;
c
omit paragraph 2.
24
In Article 51—
a
for “territory of a Member State other than” substitute “United Kingdom which is not”;
b
for “place of stay or residence of the recipient” substitute “United Kingdom”;
c
for “administered by the latter institution” substitute “of the United Kingdom”;
d
in the last sentence of paragraph 1 for “shall” substitute “may”;
e
in paragraph 2 for “place of stay or residence” substitute “United Kingdom”.
25
In Article 52—
a
for “Member State” substitute “State”;
b
for “shall” substitute “may”.
26
In Article 53—
a
in paragraph 1—
i
for “territory of another Member State” substitute “United Kingdom”;
ii
for “latter Member State” substitute “United Kingdom”;
iii
for “place of residence of the said persons entitled to benefits” substitute “the United Kingdom”;
iv
for “shall” in the last place it occurs substitute “may”;
v
for “place of residence” substitute “United Kingdom”;
b
in paragraph 2—
i
for “Two” substitute “The United Kingdom and one”;
ii
for “Member States” in the second place it occurs substitute “States”;
iii
omit the final sentence;
c
in paragraph 3 after “agreements” insert “between the United Kingdom and Member States”.
27
In Article 54 for “The institution responsible for payment of benefits” substitute “Where the United Kingdom is responsible for the payment of benefits, the institution in the United Kingdom”.
28
In Article 55—
a
in paragraph 1—
i
for “Ten” substitute “Where the United Kingdom is responsible for the payment of benefits, ten”;
ii
for “responsible for payment” in the first place it occurs substitute “in the United Kingdom”;
iii
for “member State in whose territory it is situated” substitute “United Kingdom”;
iv
for “Member State in whose territory the institution responsible for payment is situated” substitute “United Kingdom”;
b
omit paragraph 2.
29
In Article 56—
a
in paragraph 1—
i
for “The payments specified in the” substitute “Where the United Kingdom receives payments specified in a”;
ii
after “Regulation” insert “, those payments”;
iii
for “paying body” in the second place it occurs substitute “United Kingdom”;
b
in paragraph 2—
i
after “paying body” substitute “in the United Kingdom”;
ii
for “another State” substitute “a Member State”;
c
in paragraph 3 after “paying body” substitute “in the United Kingdom”.
30
In Article 57—
a
in paragraph 1 after “payment period” insert “by the paying body in the United Kingdom”;
b
in paragraph 2—
i
for “Member State” substitute “State”;
ii
after “paying body” insert “in the United Kingdom”;
c
in paragraph 3 after “paying body” insert “in the United Kingdom”;
d
in paragraph 4—
i
for “Member State” substitute “State”;
ii
after “paying body” insert “in the United Kingdom”;
iii
for “shall” substitute “may”.
31
In Article 59 for “Member States” substitute “States”.
PART 4

Amendments to Chapter 4: Accidents at work and occupational diseases
32
In Article 61—
a
in the heading for “other than” in the second place it occurs substitute “where the United Kingdom is”;
b
in paragraph 1 after “institution of the place of residence” in the first place it occurs insert “or, where that institution will not accept such an application, the competent institution in the United Kingdom,”;
c
in paragraph 2—
i
for “shall immediately” substitute “may”;
ii
for “. Such certificate shall state” substitute “, stating”;
iii
for “and shall be forwarded” to the end of the paragraph substitute “. If the certificate is drawn up, the person concerned shall send it to the competent institution in the United Kingdom.”;
d
in paragraph 3—
i
for “shall, as soon as possible” to “have him” substitute “may have the person concerned”;
ii
for “shall” substitute “may”;
iii
omit “within the three days following the date of the examination”;
e
in paragraph 4—
i
for “shall” in the first place it occurs substitute “may”;
ii
for “shall forthwith” substitute “may”;
f
after paragraph 4 insert—
4A
Where paragraphs 1 and 2 do not apply, the person concerned shall arrange to be examined by a doctor and forward to the competent institution as soon as reasonably practicable a report from that doctor stating the probable duration of the incapacity for work.
;
g
in paragraph 8 for “competent State” substitute “United Kingdom”;
h
omit paragraph 9.
33
In Article 64 in the heading for “other than” in the second place it occurs substitute “where the United Kingdom is”.
34
In Article 65—
a
in the heading for “other than” substitute “where the United Kingdom is”;
b
in paragraph 1—
i
for “When” substitute “Where the United Kingdom is the competent State, when”;
ii
omit “other than the competent State”;
iii
for “competent State” substitute “United Kingdom”;
c
in paragraph 2—
i
for “shall” substitute “may”;
ii
after “competent institution” insert “in the United Kingdom”;
d
in paragraph 3—
i
for “If” substitute “Where the United Kingdom is the competent State, if”;
ii
omit “other than the competent State”;
iii
after “competent institution” insert “in the United Kingdom”;
iv
after “of that Member State” insert “and seek any necessary consent for the investigation”;
v
for “shall” in the last place it occurs substitute “may”;
e
in paragraph 4—
i
for “shall” in the first two places it occurs substitute “may”;
ii
after “competent institution” in both places it occurs insert “in the United Kingdom”;
f
in paragraph 5 after “competent institution” insert “in the United Kingdom”.
35
In Article 67—
a
in the heading for “Member States” substitute “States”;
b
in paragraph 1—
i
omit “either”;
ii
for “in respect of occupational diseases of the Member State under whose legislation” substitute “in the United Kingdom if”;
iii
after “an activity” insert “that was”;
iv
after “disease in question” insert “under the legislation of the United Kingdom”;
v
for “of the place of residence” substitute “in the United Kingdom if it is the place of residence”;
c
in paragraph 2—
i
after “paragraph 1” insert “is the institution in the United Kingdom and it”;
ii
for “another Member State” substitute “a Member State”;
d
in paragraph 3—
i
for “When the institution of the Member State” substitute “Where the United Kingdom is the State”;
ii
after “question,” insert “if the institution in the United Kingdom”;
e
in paragraph 4 for “the case should be referred back” substitute “the institution in the United Kingdom shall refer the case back”.
36
In Article 68—
a
in paragraph 1 for “Where” to “in question” substitute “Where the United Kingdom is one of the States under whose legislation the person suffering from the disease pursued an activity which might cause the occupational disease in question and where an appeal is lodged against a decision to reject a claim taken by the institution in the United Kingdom”;
b
in paragraph 2 for “shall” in each place it occurs substitute “may”.
37
In Article 69—
a
in point (a) for “the competent institution of the Member State under whose legislation cash benefits are granted pursuant to Article 57(1) of the Regulation” substitute “where cash benefits are granted pursuant to Article 57(1) of the Regulation under the legislation of the United Kingdom, the competent institution in the United Kingdom”;
b
in point (b) for “shall” in the last two places it occurs substitute “may”;
c
in point (d)—
i
for “shall” in the second place it occurs substitute “may”;
ii
omit “as soon as possible, and within three months at the latest”.
38
In Article 70 in paragraph 1—
a
for “Member State” substitute “State” in each place it occurs;
b
in the second paragraph for “shall” in the first place it occurs substitute “may”.
39
In Article 71—
a
in paragraph 1 for “Member State from which he is claiming rights to benefits” substitute “United Kingdom”;
b
omit paragraphs 2 to 4.
40
In Article 72 —
a
in paragraph 1—
i
for “a claimant shall” to “first diagnosed,” substitute “where a claimant was subject to the legislation of the United Kingdom at the time when the accident at work was sustained or the occupational disease was first diagnosed, he shall supply the competent institution in the United Kingdom”;
ii
for “other Member State” substitute “Member State”;
b
in paragraph 2—
i
for “which it administers” substitute “of the United Kingdom”;
ii
after “competent institution” insert “in the United Kingdom”;
c
in paragraph 3—
i
after “competent institution” in the first place it occurs insert “in the United Kingdom”;
ii
for “shall” in the first place it occurs substitute “may”;
iii
for “another Member State” substitute “the United Kingdom”;
iv
for “second Member State” substitute “Member State”.
41
In Article 73—
a
in the heading for “a Member State other than” substitute “the United Kingdom when it is not”;
b
in paragraph 1—
i
for “and where, in the country of stay or residence” substitute “where the United Kingdom is the country of stay or residence and where, in the United Kingdom”;
ii
for “territory of the Member State in which they are staying or residing” substitute “the United Kingdom”;
c
in paragraph 2 for “territory of the Member” substitute “the United Kingdom, if that is the”.
42
Omit Article 74 and the heading “Implementation of Article 62(2) of the Regulation”.
43
In Article 75—
a
in paragraph 1—
i
for “a Member State” substitute “the United Kingdom”;
ii
for “another Member State” substitute “a Member State”;
iii
omit “either”;
iv
for “, or to the institution of the place of residence, which shall forward such claim to the competent institution” substitute “in the United Kingdom”;
b
in paragraph 2 after “competent institution” insert “in the United Kingdom”.
44
In Article 76—
a
for “shall” in the first place it occurs substitute “may”;
b
after “competent institution” in the first place it occurs insert “in the United Kingdom”.
45
In Article 77 for “Member State” in both places it occurs substitute “State”.
PART 5

Amendments to Chapter 5: Death grants
46
In Article 78—
a
for “a Member State other than” substitute “the United Kingdom where it is not”;
b
omit “either”;
c
for “or to the institution of the place of residence” substitute “in the United Kingdom”;
d
for “which the competent institution administers” substitute “of the United Kingdom”.
47
In Article 79—
a
in paragraph 1 after “competent institution” insert “in the United Kingdom”;
b
in paragraph 2 for “shall” in both places it occurs substitute “may”;
c
in paragraph 3—
i
for “competent State” substitute “United Kingdom”;
ii
for “other Member State” substitute “Member State”.
PART 6

Amendments to Chapter 6: Unemployment benefits
48
In Article 80—
a
in paragraph 1 after “competent institution” insert “in the United Kingdom”;
b
in paragraph 2 for “shall” in both places it occurs substitute “may”;
c
in paragraph 3—
i
for “competent State” substitute “United Kingdom”;
ii
for “other Member State” substitute “Member State”.
49
In Article 81—
a
for “an institution covered by” substitute “the institution in the United Kingdom by virtue of”;
b
for “Member State in which that institution is situated” substitute “United Kingdom”;
c
for “another Member State” substitute “a Member State”;
d
for “shall” in the second place it occurs substitute “may”;
e
for “latter Member Sate” substitute “Member State”.
50
In Article 82—
a
in paragraph 1 after “competent institution” insert “in the United Kingdom”;
b
in paragraph 2—
i
for “shall” in the first place it occurs substitute “may”;
ii
for “must” substitute “may”;
iii
after “competent institution” insert “in the United Kingdom”.
51
In Article 83—
a
in the heading for “another Member State” substitute “a Member State”;
b
in paragraph 1—
i
after “competent institution” insert “in the United Kingdom”;
ii
for “competent State” in both places it occurs substitute “United Kingdom”;
c
in paragraph 2—
i
for “another Member State” substitute “a Member State”;
ii
for “shall” in the first place it occurs substitute “may”;
iii
after “competent institution” insert “in the United Kingdom”;
iv
for “competent State” substitute “United Kingdom”;
d
in paragraph 3—
i
for “shall” in each place it occurs except the sixth occurrence substitute “may”;
ii
after “competent institution” in each place it occurs insert “in the United Kingdom”;
iii
for “competent State” substitute “United Kingdom”;
iv
omit “immediately”;
e
in paragraph 4—
i
for “Two” substitute “The United Kingdom and one”;
ii
after “competent authorities of” insert “the United Kingdom and”;
iii
omit “, having received the opinion of the Administrative Commission,”.
52
In Article 84—
a
in the heading for “a Member State other than” substitute “the United Kingdom where it is not”;
b
in paragraph 1 for “place of residence” substitute “United Kingdom”;
c
in paragraph 2—
i
for “submit to the institution of his place of residence” substitute “request a certified statement from the institution of the Member State to whose legislation he was last subject, indicating that he has no right to benefits under Article 69 of the Regulation and, when such a statement is issued, submit it to the institution in the United Kingdom”;
ii
omit from “, a certified statement” to the end of the paragraph.
PART 7

Amendments to Chapter 7: Family benefits
53
In Article 85—
a
in paragraph 1 after “competent institution” insert “in the United Kingdom”;
b
in paragraph 2 for “shall” in both places it occurs substitute “may”;
c
in paragraph 3—
i
for “competent State” substitute “United Kingdom”;
ii
for “other Member State” substitute “Member State”.
54
In Article 86—
a
in paragraph 1 after “competent institution” insert “in the United Kingdom”;
b
in paragraph 2—
i
omit “other than that in which the competent institution is situated”;
ii
for “shall” in the second place it occurs substitute “may”;
c
in paragraph 3 for “competent State” substitute “United Kingdom”;
d
in paragraph 4—
i
for “two” substitute “the United Kingdom and one”;
ii
omit the final sentence;
e
in paragraph 5 after “competent institution” insert “in the United Kingdom”.
PART 8

Amendments to Chapter 8: Benefits for dependent children of pensioners and for orphans
55
In Article 90—
a
in paragraph 1—
i
after “institution of” insert “the United Kingdom, if it is”;
ii
for “administered by that institution” substitute “of the United Kingdom”;
b
in paragraph 2—
i
after “however,” insert “the United Kingdom is the competent State and”;
ii
for “territory of the Member State in which the competent institution is situated he may” substitute “United Kingdom, he shall”;
iii
omit “either”;
iv
for “or to the institution” to the end of the paragraph substitute “in the United Kingdom”;
c
in paragraph 3—
i
for “referred to in paragraph 2” substitute “in the United Kingdom”;
ii
for “which it administers” substitute “of the United Kingdom”;
d
omit paragraph 4.
56
In Article 91 for “authorities of the Member State” substitute “authority of the United Kingdom”.
SCHEDULE 5

Amendments to Title 5: Financial Provisions
Regulation 2(e)
1
In Article 93 in paragraph 1 for “Member State” substitute “State”.
2
In Article 97—
a
in paragraph 1 after “competent institution” insert “in the United Kingdom”;
b
in paragraph 2—
i
for “Two” substitute “The United Kingdom and one”;
ii
omit “having received the opinion of the Administrative Commission,”.
3
In Article 100 for “Member States” substitute “States”.
4
Omit Articles 101 and 102.
5
In Article 103 for “authorities of the Member States” substitute “authority of the United Kingdom”.
6
Omit Article 104.
7
In Article 105—
a
in paragraph 1 for “shall” substitute “may”;
b
in paragraph 2—
i
for “two” substitute “the United Kingdom and one”;
ii
for “Member States” substitute “States”;
iii
omit the second sentence;
iv
for “in the said Annex” substitute “Annex 5 to the implementing Regulation”.
8
Omit Article 106.
9
In Article 107 —
a
in paragraph 1(a)—
i
for “Article 22(1)(ii)” substitute “Article 22(1)”;
ii
omit “and (d)”;
iii
for “Article 70(1), first subparagraph” substitute “Article 70(1)”;
iv
omit “and (b)(ii), penultimate sentence”;
b
omit paragraph 4;
c
in paragraph 5 for “shall be” substitute “are those which were”.
SCHEDULE 6

Amendments to Title 6: Miscellaneous Provisions
Regulation 2(f)
1
In Article 108—
a
for “he is a seasonal worker, the employed person covered by Article 1(c) of the Regulation” substitute “an employed person covered by Article 1(c) of the Regulation who has gone to work or has worked in the United Kingdom is a seasonal worker, that person”;
b
for “Member State in whose territory he has gone to work or has worked” substitute “United Kingdom”;
c
for “that Member State” substitute “the United Kingdom”;
d
for “country of employment” substitute “United Kingdom”.
2
In Article 109—
a
for “The employer who has no place of business in the Member State in whose territory the employed person is employed” substitute “Where the employed person is employed in the United Kingdom and the employer has no place of business in the United Kingdom, the employer”;
b
for “latter” substitute “employed person”;
c
for “said Member State” substitute “United Kingdom”.
3
In Article 110—
a
after “to him,” insert “and the place of residence of such a person is the United Kingdom,”;
b
for “place of residence of the person” substitute “United Kingdom”;
c
for “Member State in whose territory that person resides” substitute “United Kingdom”.
4
In Article 111—
a
for “Member State” in each place it occurs substitute “State”;
b
for “The latter institution” in both places it occurs substitute “Where the institution which has deducted the amount is in the United Kingdom, it”;
c
for “which it administers” in both places it occurs substitute “of the United Kingdom”;
d
for “The institution responsible for payment” substitute “Where the institution responsible for payment is an institution in the United Kingdom, it”.
5
In Article 112—
a
after “an institution” insert “in the United Kingdom”;
b
for “first institution” substitute “institution in the United Kingdom”.
6
Omit Article 114.
7
In Article 115—
a
for “The institution of” substitute “Where the United Kingdom is”;
b
for “which” in the first place it occurs substitute “and an institution in the United Kingdom”;
c
after “examination,” insert “the institution”;
d
for “which it administers” substitute “of the United Kingdom”.
8
In Article 116—
a
for “Agreements concluded” substitute “Where the United Kingdom concludes an agreement”;
b
after “shall be entered” insert “the United Kingdom may, or if requested, shall enter that agreement”.
SCHEDULE 7

Amendment of Title 7: Transitional and final provisions
Regulation 2(g)
1
In Article 118—
a
in paragraph 1—
i
for “Member State” in each place it occurs substitute “State”;
ii
for “Member States” substitute “States”;
b
in paragraph 2—
i
for “a Member State from 1 October 1972” or” substitute “the United Kingdom”;
ii
for “territory of the Member State concerned, or in a part of the territory of that State” substitute “United Kingdom”.
2
In Article 119—
a
in paragraph 1—
i
for “Member State” in each place it occurs substitute “State”;
ii
for “Member States” substitute “States”;
b
in paragraph 2—
i
for “a Member State” substitute “the United Kingdom”;
ii
omit “or from the date of implementation of the implementing Regulation in the territory of the Member State concerned, or in a part of the territory of that State”;
iii
for “other Member States” substitute “Member States”.
3
In Article 119a—
a
in paragraph 1 for “Member States” substitute “States”;
b
in paragraph 2 for “or institutions of one or more of the other Member States” substitute “in the United Kingdom”;
c
in paragraphs 3 and 4 for “Member State” substitute “State”;
d
in paragraph 5 for “Member States” substitute “States”.
4
In Article 121—
a
for “Two” substitute “The United Kingdom and one”;
b
for “Member States” in the second place it occurs substitute “States”.
5
Omit Article 122.
SCHEDULE 8

Amendments to the Annexes
Regulation 2(h)
PART 1

Amendments to Annex 5: Implementing provision of bilateral conventions which remain in force
1
Omit the headings 1. BELGIUM-BULGARIA to 25. BELGIUM-SWEDEN and the text under each .
2
Omit the headings 27. BULGARIA-CZECH REPUBLIC to 50. BULGARIA-SWEDEN and the text under each.
3
Omit the headings 52. CZECH REPUBLIC-DENMARK to 74. CZECH REPUBLIC-SWEDEN and the text under each.
4
Omit the headings 76. DENMARK-GERMANY to 97. DENMARK-SWEDEN and the text under each.
5
Omit the headings 99. GERMANY-ESTONIA to 119. GERMANY-SWEDEN and the text under each.
6
Omit the headings 121. ESTONIA-GREECE to 140. ESTONIA-SWEDEN and the text under each.
7
Omit the headings 142. GREECE-SPAIN to 160. GREECE-SWEDEN and the text under each.
8
Omit the headings 162. SPAIN-FRANCE to 179. SPAIN-SWEDEN and the text under each.
9
Omit the headings 181. FRANCE-IRELAND to 197. FRANCE-SWEDEN and the text under each.
10
Omit the headings 199. IRELAND-ITALY to 214. IRELAND-SWEDEN and the text under each.
11
Omit the headings 216. ITALY-CYRPUS to 230. ITALY-SWEDEN and the text under each.
12
Omit the headings 232. CYPRUS-LATVIA to 245. CYRPUS-SWEDEN and the text under each.
13
Omit the headings 247. LATVIA-LITHUANIA to 259. LATVIA-SWEDEN and the text under each.
14
Omit the headings, 261. LITHUANIA-LUXEMBOURG to 272. LITHUANIA-SWEDEN and the text under each.
15
Omit the headings 274. LUXEMBOURG-HUNGARY to 284. LUXEMBOURG-SWEDEN and the text under each.
16
Omit the headings 286. HUNGARY-MALTA to 295. HUNGARY-SWEDEN and the text under each.
17
Omit the headings 297. MALTA-NETHERLANDS to 305. MALTA-SWEDEN and the text under each.
18
Omit the headings 307. NETHERLANDS-AUSTRIA to 314. NETHERLANDS-SWEDEN and the text under each.
19
Omit the headings 316. AUSTRIA-POLAND to 322. AUSTRIA-SWEDEN and the text under each.
20
Omit the headings 324. POLAND-PORTUGAL to 329. POLAND-SWEDEN and the text under each.
21
Omit the headings 331. PORTUGAL-ROMANIA to 335. PORTUGAL-SWEDEN and the text under each.
22
Omit the headings 337. ROMANIA-SLOVENIA to 340. ROMANIA-SWEDEN and the text under each.
23
Omit the headings 342. SLOVENIA-SLOVAKIA to 344. SLOVENIA-SWEDEN and the text under each.
24
Omit the headings 346. SLOVAKIA-FINLAND and 347. SLOVAKIA-SWEDEN and the text under each.
25
Omit the heading 349. FINLAND-SWEDEN and the text under each.
PART 2

Amendments to Annex 6: Procedure for the payment of benefits
26
Under the heading B. BULGARIA omit paragraph 2.
27
Under the heading E. GERMANY omit paragraphs 1(b), 2(b) and 4(a) and (b).
28
Under the heading F. ESTONIA omit paragraph 2.
29
Under the heading K. ITALY omit paragraph 1(b).
30
Under the heading M. LATVIA omit paragraph 2.
31
Under the heading N. LITHUANIA omit paragraph 2.
32
Under the heading R. NETHERLANDS omit paragraph 2.

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 Council Regulation (EEC) No 574/72 of 21 March 1972 laying down the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to their families moving within the Community. This is one of the European Union 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.
2018 c. 16.
The text of Regulation (EEC) 574/72 is restated in Annex A, Part 2 of Council Regulation (EC) No 118/97 of 2 December 1996. There are amendments to that text.
Title 6a was inserted by Council Regulation (EC) No 1290/97 of 27 June 1997 (“Regulation No 1290/97”).
Article 2(1) was substituted by Regulation 1290/97 and was subsequently substituted by Regulation (EC) No 631/2004 of the European Parliament and of the Council of 31 March 2004 (“Regulation No 631/2004”).
Article 4(11) was revoked by Regulation (EC) No 647/2005 of the European Parliament and of the Council of 13 April 2005 (“Regulation No 647/2005”).
Article 8(3) was substituted by Council Regulation (EC) No 1606/98 of 29 June 1998 (“Regulation No 1606/98”).
Article 9(3) was substituted by Regulation No 1606/98.
Article 10c was inserted by Regulation No 647/2005.
Article 12a was amended by Regulation No 647/2005.
Article 12b was inserted by Regulation No 1606/98.
Article 15(1)(a) was amended by Regulation No 1606/98.
Paragraphs 1 and 3 of Article 26 were substituted, and paragraph 1a inserted, by Regulation No 631/2004.
Article 72 was amended by Regulation No 1290/97, Council Regulation (EC) No 1223/98 of 4 June 1998 (“Regulation No 1223/98”) and Regulation (EC) No 1386/2001 of the European Parliament and of the Council of 5 June 2001 (“Regulation No 1386/2001”).
Article 93(1) was last substituted by Regulation No 1386/2001 and amended by Regulation (EC) No 629/2006 of the European Parliament and of the Council of 5 April 2006.
Paragraph 1 of Article 107 was substituted, and paragraph 3 revoked, by Regulation No 1386/2001.
Relevant amendments to Annexes 5 and 6 were made by the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded and Council Regulation (EC) No 1791/2006 of 20 November 2006.