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 883/2004 which is one of the EU Regulations which relate to social security co-ordination. In particular they make amendments to prevent, remedy or mitigate the deficiencies under section 8(2)(a), (b), (c) and (d) and under section 8(3) of the EUWA in relation to cash benefits, pensions and the determination of applicable law.
They also amend the EEA Agreement and modify the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons, done at Luxembourg on 21st June 1999. The modifications to Regulation (EC) No 833/2004 made by those Agreements are added to the Regulation as it forms part of retained EU law and ensures that those Agreements apply to EU law as retained by the EU(W)A.
An impact assessment has not been prepared for this instrument as it has no impact on businesses, charities or the public sector.