The Social Security (Updating of EU References) (Amendment) Regulations 2018

• Citation: S.I. 2018/1084
• Sections: 16

Section 1 Citation and commencement

These Regulations may be cited as the Social Security (Updating of EU References) (Amendment) Regulations 2018 and come into force on 15th November 2018.

Section 2 Social Security Contributions and Benefits Act 1992

In section 122 of the Social Security Contributions and Benefits Act 1992 , in subsection (1) (interpretation)—

(a) in the definition of “Regulation (EC) No 1408/71 ” , after “14 June 1971”, insert “, as amended from time to time,”;

(b) in the definition of “Regulation (EC) No 883/2004 ”, after “29 April 2004”, insert “, as amended from time to time,”.

Section 3 Welfare Reform Act 2012

In section 84 (no entitlement to daily living component where UK is not competent state) of the Welfare Reform Act 2012 —

(a) in subsection (2)(a), after “14 June 1971”, insert “, as amended from time to time,”;

(b) in subsection (2)(b), after “29 April 2004”, insert “, as amended from time to time,”.

Section 4 Amendments of secondary legislation

The Schedule which contains amendments of secondary legislation has effect.

Section 1 Social Security (Maternity Benefit) Regulations 1975

In regulation 3B (temporary absences from Great Britain) of the Social Security (Maternity Benefit) Regulations 1975 , in paragraph (c), after “1408/71/EEC”, insert “, as amended from time to time, or Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004, as amended from time to time, on the coordination of social security systems”.

Section 2 Statutory Sick Pay (Mariners, Airmen and Persons Abroad) Regulations 1982

In regulation 5 (persons in other member States – meaning of “employee”) of the Statutory Sick Pay (Mariners, Airmen and Persons Abroad) Regulations 1982 , in paragraph (b), after “1408/71”, insert “, as amended from time to time, or Regulation (EC) No. 883/2004 of the European Parliament and of the Council of 29 April 2004, as amended from time to time, on the coordination of social security systems”.

Section 3 Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983

(1) In regulation 20 (special provisions for certain persons who have been employed abroad) of the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983 —

(a) in paragraph (2)(b)(ii), at the end add “, as amended from time to time, or Regulation (EC) No. 883/2004 of the European Parliament and of the Council of 29 April 2004, as amended from time to time, on the coordination of social security systems,”;

(b) in paragraph (4)(a), after “1408/71/EEC”, insert “, as amended from time to time, or Regulation (EC) No. 883/2004 of the European Parliament and of the Council of 29 April 2004, as amended from time to time”;

(c) in paragraph (4)(c), after “Council Regulation”, insert “or Regulation of the European Parliament and of the Council”;

(d) in the words after paragraph (4)(c), after “Council Regulation”, insert “or Regulation of the European Parliament and of the Council”.

Section 4 Social Security (Maternity Allowance) (Work Abroad) Regulations 1987

(1) In regulation 2 (special provision for certain persons who have been employed abroad of the Social Security (Maternity Allowance) (Work Abroad) Regulations 1987 —

(a) in paragraph (2)(b)(ii)—

(i) after “EEC”, insert “, as amended from time to time,”;

(ii) at the end, add “or Regulation (EC) No. 883/2004 of the European Parliament and of the Council of 29 April 2004, as amended from time to time, on the coordination of social security systems”;

(b) in paragraph (4)—

(i) in sub-paragraph (a), after “EEC”, insert “, as amended from time to time, or Regulation (EC) No. 883/2004 of the European Parliament and of the Council of 29 April 2004, as amended from time to time”;

(ii) in sub-paragraph (c), after “Council Regulation”, insert “or Regulation of the European Parliament and of the Council”;

(iii) in the words after sub-paragraph (c), after “Council Regulation”, insert “or Regulation of the European Parliament and of the Council”.

Section 5 Statutory Maternity Pay (Persons Abroad and Mariners) Regulations 1987

In regulation 2 (persons in other member States – meaning of “employee”) of the Statutory Maternity Pay (Persons Abroad and Mariners) Regulations 1987 , in paragraph (b), after “1408/71”, insert “, as amended from time to time, or Regulation (EC) No. 883/2004 of the European Parliament and of the Council of 29 April 2004, as amended from time to time, on the coordination of social security systems”.

Section 6 Income Support (General) Regulations 1987

In regulation 21AA (special cases: supplemental – persons from abroad) of the Income Support (General) Regulations 1987 , in paragraph (3)(d), for “Article 39 of the Treaty establishing the European Community” substitute “Article 45 of the Treaty on the Functioning of the European Union”.

Section 7 Social Security (Payments on account, Overpayments and Recovery) Regulations 1988

(1) The Social Security (Payments on account, Overpayments and Recovery) Regulations 1988 are amended in accordance with this paragraph.

(2) In regulation 8 (duplication and prescribed payments), in paragraph (1)(g)—

(a) after “1408/71”, insert “as amended from time to time,”;

(b) after “the Community,”, insert “or in Article 3(1) of Regulation (EC) No. 883/2004 of the European Parliament and of the Council of 29 April 2004, as amended from time to time, on the coordination of social security systems,”;

(c) for “that Regulation”, substitute “either Regulation, as amended from time to time”.

(3) The amendments made by sub-paragraph (2) also have effect in relation to regulation 8 as that regulation relates to child benefit and guardian’s allowance by virtue of the transitional provision in regulation 44 (transitional provisions) of the Child Benefit and Guardian’s Allowance (Administration) Regulations 2003 .

Section 8 Social Security and Child Support (Decisions and Appeals) Regulations 1999

(1) The Social Security and Child Support (Decisions and Appeals) Regulations 1999 are amended in accordance with this paragraph.

(2) In Schedule 2, in paragraph 10 (European Union Regulations) after “1408/71”, insert “, as amended from time to time,”.

(3) The amendments made by sub-paragraph (2) also have effect in relation to paragraph 10 as that paragraph relates to child benefit and guardian’s allowance by virtue of the transitional provision in regulation 35 (transitional provisions) of the Child Benefit and Guardian’s Allowance (Decisions and Appeals) Regulation 2003 .

Section 9 Social Fund Winter Fuel Payment Regulations 2000

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 10 Housing Benefit Regulations 2006

(1) In regulation 105 (recovery of overpayments from prescribed benefits) of the Housing Benefit Regulations 2006 —

(a) in paragraph (1)(c)—

(i) after “1408/71”, insert “, as amended from time to time,”;

(ii) after “the Community,”, insert “or in Article 3(1) of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004, as amended from time to time, on the coordination of social security systems,”;

(iii) for “that Regulation”, substitute “either Regulation, as amended from time to time”;

(b) in paragraph (1A), after “21st June 1999”, insert “,as amended from time to time”.

Section 11 Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

(1) In regulation 86 (recovery of overpayments from prescribed benefits) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 —

(a) in paragraph (1)(c)—

(i) after “1408/71”, insert “, as amended from time to time, ”;

(ii) after “the Community,”, insert “or in Article 3(1) of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004, as amended from time to time, on the coordination of social security systems,”;

(iii) for “that Regulation”, substitute “either Regulation, as amended from time to time”;

(b) in paragraph (1A), after “21st June 1999”, insert “(as amended from time to time)”.

Section 12 Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013

In Schedule 3 to the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013 , in paragraph 17 (European Community Regulations) after “1408/71”, insert “, as amended from time to time”.