Statutory Instruments
Social Security
Sift Requirements satisfied
14th September 2021
Made
14th October 2021
Laid before Parliament
18th October 2021
Coming into force
3rd December 2021
The Secretary of State, in exercise of the powers conferred by section 8(1) of and paragraph 21 of Schedule 7 to the European Union (Withdrawal) Act 2018(1), makes the following Regulations.
The requirements of paragraph 3(2) of Schedule 7 to that Act (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.
1.—(1) These Regulations may be cited as the Social Security (Amendment) Regulations 2021.
(2) These Regulations come into force on 3rd December 2021.
(3) These Regulations extend to England and Wales and Scotland.
2. In section 148 of the Social Security Contributions and Benefits Act 1992(2) (Entitlement of pensioners to Christmas bonus), in subsection (1)(a), for “or a member State” substitute “, an EEA state or Switzerland”.
Signed by authority of the Secretary of State for Work and Pensions
Mims Davies
Parliamentary Under Secretary of State
Department for Work and Pensions
14th October 2021
(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) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular where the Minister considers the retained EU law contains EU references which are no longer appropriate, under subparagraph (g) of section 8(2)) arising from the withdrawal of the United Kingdom from the European Union.
Regulation 2 amends section 148(1)(a) of the Social Security Contributions and Benefits Act 1992 (c. 4) (Entitlement of pensioners to Christmas bonus) to add Switzerland so that people in Switzerland who satisfy the qualifying conditions will receive the Christmas bonus following the United Kingdom’s withdrawal from the European Union. Regulation 2 also amends this section by replacing “member State” with “EEA state” since the Christmas bonus is paid pursuant to this section to people satisfying the qualifying conditions in all European Economic Area states.
An impact assessment has not been produced for this instrument as it has no impact on business and civil society organisations. This instrument has no impact on the public sector.
2018 c. 16. Section 8 was amended by section 27 of the European Union (Withdrawal Agreement) Act 2020 (c. 1). Paragraph 21 of Schedule 7 was amended by paragraph 53(2) of Schedule 5 to that Act.
1992 c. 4. Subsection (1)(a) was amended by S.I. 2019/128. There are additional amendments to section 148 which are not relevant to these Regulations.