The Social Security (Amendment) (EU Exit) Regulations 2019

• Citation: S.I. 2019/128
• Sections: 16

Section 1 Citation and commencement

(1) These Regulations may be cited as the Social Security (Amendment) (EU Exit) Regulations 2019.

(2) These Regulations come into force on exit day.

Section 2 Social Security Contributions and Benefits Act 1992

In section 148 of the Social Security Contributions and Benefits Act 1992 (entitlement of pensioners to Christmas bonus), in subsection (1)(a), for “any other” substitute “ a ” .

Section 3 Social Security Administration Act 1992

(1) The Social Security Administration Act 1992 is amended in accordance with this regulation.

(2) In section 73 (overlapping benefits – general), in subsection (5), for “member State other than the United Kingdom” substitute “ member State ” .

(3) In section 74 (income support and other payments), in subsection (2)(a), for “other member State” substitute “ member State ” .

(4) In section 80 (child benefit – overlap with benefits under legislation of other member States)—

(a) in the title, omit “other”;

(b) in the section, for “member State other than the United Kingdom” substitute “ member State ” .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 4 Amendments of secondary legislation

The Schedule contains amendments of secondary legislation.

Section 1 Social Security Benefit (Persons Abroad) Regulations 1975

(1) The Social Security Benefit (Persons Abroad) Regulations 1975 are amended in accordance with this paragraph.

(2) In regulation 10C (modification of Parts 2 and 3 of the Social Security Act 1975 in relation to accidents happening or prescribed diseases contracted outside of Great Britain)—

(a) in paragraph (1), in the definition of “prescribed area”, omit “(other than the United Kingdom)”;

(b) in paragraph (2)—

(i) in sub-paragraph (a), for “or a member State (including the United Kingdom)” substitute “ , a member State or the United Kingdom ” ;

(ii) in sub-paragraph (b), omit “(other than the United Kingdom)”.

(3) In regulation 11 (modification of the Social Security Act 1975 in relation to employment on the Continental Shelf)—

(a) in paragraph (1), in the definition of “prescribed area”, omit “(other than the United Kingdom)”;

(b) in paragraph (1A)(b)(iv), for “or a member State (including the United Kingdom)” substitute “ , a member State or the United Kingdom ” ;

(c) in paragraph (2A)(d), for “or a member State (including the United Kingdom)” substitute “ , a member State or the United Kingdom ” ;

(d) in paragraph (2B), omit “(other than the United Kingdom)”.

Section 2 Social Security (Invalid Care Allowance) Regulations 1976

(1) The Social Security (Invalid Care Allowance) Regulations 1976 are amended in accordance with this paragraph.

(2) In regulation 9B (persons residing in an EEA state other than the United Kingdom or in Switzerland to whom a relevant EU regulation applies) —

(a) in the title, omit “other than the United Kingdom”;

(b) in paragraph (a)(i), omit “other than the United Kingdom”.

Section 3 Statutory Sick Pay (Mariners, Airmen and Persons Abroad) Regulations 1982

(1) The Statutory Sick Pay (Mariners, Airmen and Persons Abroad) Regulations 1982 are amended in accordance with this paragraph.

(2) In regulation 4 (continental shelf – interpretation), in the definition of “prescribed area”, omit “(other than the United Kingdom)”.

(3) In regulation 5 (persons in other member States – meaning of “employee”)—

(a) in the title, omit “other”;

(b) in paragraph (a), omit “other than the United Kingdom”.

Section 4 Statutory Maternity Pay (Persons Abroad and Mariners) Regulations 1987

(1) The Statutory Maternity Pay (Persons Abroad and Mariners) Regulations 1987 are amended in accordance with this paragraph.

(2) In regulation 2 (persons in other member States – meaning of “employee”)—

(a) in the title, omit “other”;

(b) in paragraph (a), omit “other than the United Kingdom”.

(3) In regulation 5 (women who worked in the European Union)—

(a) in paragraph (1)(b), for “another” substitute “ a ” ;

(b) in the words after paragraph (1)(b), omit “other”.

(4) In regulation 8 (continental shelf), in paragraph (1), in the definition of “prescribed area”, omit “(other than the United Kingdom)”.

Section 5 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), omit “other than the United Kingdom”.

(3) The amendment made by sub-paragraph (2) also has 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 (recovery of overpayments from awards of child benefit and guardian's allowance) of the Child Benefit and Guardian's Allowance (Administration) Regulations 2003 .

Section 6 Social Security (Attendance Allowance) Regulations 1991

(1) The Social Security (Attendance Allowance) Regulations 1991 are amended in accordance with this paragraph.

(2) In regulation 2B (persons residing in an EEA state other than the United Kingdom or in Switzerland to whom a relevant EU Regulation applies)—

(a) in the title, omit “other than the United Kingdom”;

(b) in paragraph (a)(i), omit “other than the United Kingdom”.

Section 7 Social Security (Disability Living Allowance) Regulations 1991

(1) The Social Security (Disability Living Allowance) Regulations 1991 are amended as follows.

(2) In regulation 2B (persons residing in an EEA state other than the United Kingdom or in Switzerland to whom a relevant EU Regulation applies)—

(a) in the title, omit “other than the United Kingdom”;

(b) in paragraph (a)(i), omit “other than the United Kingdom”.

Section 8 Housing Benefit Regulations 2006

(1) The Housing Benefit Regulations 2006 are amended in accordance with this paragraph.

(2) In regulation 7 (circumstances in which a person is or is not to be treated as occupying a dwelling as his home), in paragraph (18), in the definition of “prescribed area”, omit “(other than the United Kingdom)”.

(3) In regulation 105 (recovery of overpayments from prescribed benefits), in paragraph (1)(c), omit “other than the United Kingdom”.

Section 9 Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

(1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 are amended in accordance with this paragraph.

(2) In regulation 7 (circumstances in which a person is or is not to be treated as occupying a dwelling as his home), in paragraph (18), in the definition of “prescribed area”, omit “(other than the United Kingdom)”.

(3) In regulation 86 (recovery of overpayments from prescribed benefits), in paragraph (1)(c), omit “other than the United Kingdom”.

Section 10 The Social Security (Personal Independence Payment) Regulations 2013

(1) The Social Security (Personal Independence Payment) Regulations 2013 are amended in accordance with this paragraph.

(2) In regulation 23 (persons residing in an EEA state other than the United Kingdom or in Switzerland to whom a relevant EU regulation applies)—

(a) in the title, omit “other than the United Kingdom”;

(b) in paragraph (a)(i), omit “other than the United Kingdom”.

Section 11 The Universal Credit Regulations 2013

In regulation 11 (temporary absence from Great Britain) of the Universal Credit Regulations 2013 , in paragraph (5), in the definition of “prescribed area”, omit “(other than the United Kingdom)”.

Section 12 The Housing Benefit and State Pension Credit (Temporary Absence) (Amendment) Regulations 2016

In regulation 5 (transitional provision) of the Housing Benefit and State Pension Credit (Temporary Absence) (Amendment) Regulations 2016 , in paragraph (4), in the definition of “prescribed area” omit “(other than the United Kingdom)”.