The Social Security (Reciprocal Agreements) (Miscellaneous Amendments) (EU Exit) Regulations 2021

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) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under paragraphs (a), (c), (d), (e) and (g) of section 8(2)) which apply to this instrument arising from the withdrawal of the United Kingdom from the European Union.

Regulation 2 amends the Social Fund Winter Fuel Payment Regulations 2000 (S.I. 2000/729) to provide that winter fuel payments shall only be paid to persons habitually resident in the countries listed in the Schedule to those Regulations if they are covered by the coordination of social security provisions in the withdrawal agreement, the EEA EFTA separation agreement or the Swiss citizens’ rights agreement or by the Convention on Social Security between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ireland signed at Dublin on 1st February 2019.

Regulation 3 amends regulation 2 of the Social Security (Application of Reciprocal Agreements with Australia, Canada and New Zealand) (EEA States and Switzerland) Regulations 2015 (S.I. 2015/349) (“the 2015 Regulations”).

Regulation 4 revokes the 2015 Regulations from 31st December 2021 with a savings provision for UK, EEA and Swiss nationals who are habitually resident in the EEA or Switzerland on 31st December 2021.

Regulation 5 revokes regulation 3 of the European Network of Employment Services (EU Exit) Regulations 2018 (S.I. 2018/1283), which is a discretionary power for the Secretary of State to give financial assistance to a person who had a grant agreement under the Employment and Social Innovation fund.

Regulation 6 amends the Transfer of State Pensions and Benefits Regulations 2007 (S.I. 2007/1398) to omit the ambulatory provision contained at regulation 1(2A).

Regulation 7 omits the transfer of benefits articles from the version of EU Council Regulation No 259/68 that now forms part of UK domestic law pursuant to section 3 of the European Union (Withdrawal) Act 2018.

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.