The Social Security Coordination (Reciprocal Healthcare) (Amendment etc.) (EU Exit) Regulations 2019

• Citation: S.I. 2019/776
• Sections: 111

Section 1 Citation, commencement and extent

(1) These Regulations may be cited as the Social Security Coordination (Reciprocal Healthcare) (Amendment etc.) (EU Exit) Regulations 2019 and come into force on exit day .

(2) An amendment, repeal or revocation made by these Regulations has the same extent and application as the provision being amended, repealed or revoked.

Section 2 Interpretation

In these Regulations—

“ Regulation (EEC) No 1408/71 ” means Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community;

“ Regulation (EEC) No 574/72 ” means Council Regulation (EEC) No 574/72 of 21 March 1972 fixing the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to their families moving within the Community;

“ Regulation (EC) No 883/2004 ” means Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems;

“ Regulation (EC) No 987/2009 ” means Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems.

Section 3 The National Health Service Act 2006

In the National Health Service Act 2006—

(a) in section 183 (payment of travelling expenses) , omit paragraph (a)(iii) and the “or” preceding it;

(b) in section 275 (interpretation), omit the definition of “Regulation (EC) No. 883/2004 ” so far as it relates to section 183(a)(iii).

Section 4 The National Health Service (Wales) Act 2006

In the National Health Service (Wales) Act 2006—

(a) in section 131 (payment of travelling expenses) , omit paragraph (a)(iii) and the “or” preceding it;

(b) in section 206 (interpretation), omit the definition of “Regulation (EC) No. 883/2004 ” so far as it relates to section 131(a)(iii).

Section 5 The NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Establishment and Constitution) Order 2005

(1) The NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Establishment and Constitution) Order 2005 , is amended as follows.

(2) In article 1 (interpretation), omit the definition of “the European Health Insurance Card”.

(3) Omit article 3(a)(ii) (functions of the NHS Business Services Authority – the European Health Insurance Card).

Section 6 The Human Tissue Act 2004 (Ethical Approval, Exceptions from Licensing and Supply of Information about Transplants) Regulations 2006

In the Human Tissue Act 2004 (Ethical Approval, Exceptions from Licensing and Supply of Information about Transplants) Regulations 2006, in Schedule 2 (receipt of transplantable material), in paragraph 10, in the text following “case) that—”—

(a) for sub-paragraph (a) (including the “or” at the end) substitute—

(a) the treatment of the recipient was provided under a listed healthcare arrangement as defined in regulation 1(3) of the Healthcare (European Economic Area and Switzerland Arrangements) (EU Exit) Regulations 2019, or

(b) omit sub-paragraph (b).

Section 7 The National Health Service and Public Health (Functions and Miscellaneous Provisions) Regulations 2013

In the National Health Service and Public Health (Functions and Miscellaneous Provisions) Regulations 2013 , omit regulations 2 to 8 (exercise of EU functions), so far as not omitted by the National Health Service (Cross-Border Healthcare and Miscellaneous Amendments etc.) (EU Exit) Regulations 2019 .

Section 8 The National Health Service (General Medical Services Contracts) Regulations 2015

In regulation 74F (information relating to overseas visitors) of the National Health Service (General Medical Services Contracts) Regulations 2015—

(a) for paragraph (1)(b) (but not the words following that paragraph) substitute—

(b) where applicable in the case of a patient, record the fact that the patient is the holder of a document—

(i) which is—

(aa) a European Health Insurance Card;

(bb) an S1 Healthcare Certificate; or

(cc) a document which, for the purposes of a listed healthcare arrangement as defined in regulation 1(3) of the Healthcare (European Economic Area and Switzerland Arrangements) (EU Exit) Regulations 2019, is treated as equivalent to a document referred to in sub-paragraph (aa) (“EHIC equivalent document”) or (bb) (“S1 equivalent document”); and

(ii) which has not been issued to or in respect of the patient by the United Kingdom,

(b) in paragraph (2)(a)—

(i) after “European Health Insurance Card” insert “or EHIC equivalent document”;

(ii) after “that card” insert “or document”;

(c) in paragraph (4)—

(i) after “S1 Healthcare Certificate” insert “or S1 equivalent document”;

(ii) after the remaining references to “certificate” (in both places), insert “or document”.

Section 9 The National Health Service (Personal Medical Services Agreements) Regulations 2015

In regulation 67F (information relating to overseas visitors) of the National Health Service (Personal Medical Services Agreements) Regulations 2015—

(a) for paragraph (1)(b) (but not the words following that paragraph) substitute—

(b) where applicable in the case of a patient, record the fact that the patient is the holder of a document—

(i) which is—

(aa) a European Health Insurance Card;

(bb) an S1 Healthcare Certificate; or

(cc) a document which, for the purposes of a listed healthcare arrangement as defined in regulation 1(3) of the Healthcare (European Economic Area and Switzerland Arrangements) (EU Exit) Regulations 2019, is treated as equivalent to a document referred to in sub-paragraph (aa) (“EHIC equivalent document”) or (bb) (“S1 equivalent document”); and

(ii) which has not been issued to or in respect of the patient by the United Kingdom,

(b) in paragraph (2)(a)—

(i) after “European Health Insurance Card” insert “or EHIC equivalent document”;

(ii) after “that card” insert “or document”;

(c) in paragraph (4)—

(i) after “S1 Healthcare Certificate” insert “or S1 equivalent document”;

(ii) after the remaining references to “certificate” (in both places), insert “or document”.

Section 10 The Social Security Coordination (Regulation (EC) No 883/2004 , EEA Agreement and Swiss Agreement) (Amendment) (EU Exit) Regulations 2019

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

Section 11 Rights etc deriving from the Treaties

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

Section 12 Regulation (EC) No 883/2004

Regulation (EC) No 883/2004 is amended as set out in Schedule 1.

Section 13 Regulation (EC) No 987/2009

Regulation (EC) No 987/2009 is amended as set out in Schedule 2.

Section 14 Regulation (EEC) No 1408/71

Regulation (EEC) No 1408/71 is amended as set out in Schedule 3.

Section 15 Regulation (EEC) No 574/72

Regulation (EEC) No 574/72 is amended as set out in Schedule 4.

Section 16 Amendment of the EEA agreement

In the Agreement on the European Economic Area signed at Oporto on 2 May 1992, so far as it forms part of domestic law by virtue of section 3(2)(b) of the European Union (Withdrawal) Act 2018, in Annex 6, in Part 1 (general social security coordination), in paragraph 1 (provision relating to Regulation (EC) No 883/2004 )—

(a) omit point (e) (modification of Annex 3);

(b) omit point (f) (modification of Annex 4);

(c) omit point (l) (modification of Annex 11) ... .

Section 17 Savings and transitional provision

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

Section 1

Regulation (EC) No 883/2004 is amended as follows.

Section 2

(1) Article 1 is amended as follows.

(2) In point (i)(1)(ii), for “pursuant to Title III, Chapter 1 on sickness, maternity and equivalent paternity benefits” substitute “ referred to in Article 29 ” .

(3) In point (va) —

(a) in point (i)—

(i) for “Title III, Chapter 1 (sickness, maternity and equivalent paternity benefits)” substitute “ this Article, Article 3 and Article 29 ” ;

(ii) for “Member State” substitute “ State ” ;

(b) omit point (ii).

(4) In point (z), omit “in kind or”.

Section 3

In Article 3, after paragraph 5 insert—

(6) References in this Regulation to receipt of social security benefits do not, in relation to the United Kingdom, include receipt of benefits in kind.

Section 4

Omit Articles 17 to 20.

Section 5

(1) Article 22 is amended as follows.

(2) In paragraph 1—

(a) for “benefits in kind”, in each place it occurs, substitute “ cash benefits ” ;

(b) for “Member State in which he/she resides” substitute “ United Kingdom ” ;

(c) for the words from “the pension claimant” to “in paragraph 2” substitute “ in the event of a pension being awarded the United Kingdom would be competent under Articles 23 to 25 ” ;

(d) omit “in the Member State of residence”.

(3) Omit paragraph 2.

Section 6

In Article 23—

(a) for “benefits in kind”, in each place it occurs (including the heading), substitute “ cash benefits ” ;

(b) in the heading for “Member State of residence” substitute “ United Kingdom where it is the State of residence ” ;

(c) after “person who” insert “ resides in the United Kingdom and ” ;

(d) for “Member States” substitute “ States ” ;

(e) for “Member State of residence” substitute “ United Kingdom ” ;

(f) for “that Member State”, in both places it occurs, substitute “ the United Kingdom ” ;

(g) omit “and at the expense of”;

(h) for “place of residence” substitute “ United Kingdom ” .

Section 7

For Article 24 (including the heading) substitute—

No right to cash benefits under the legislation of the Member State of residence

The United Kingdom will be competent for cash benefits for pensioners, or their family members, resident in a Member State where the pensioner is in receipt of a pension from the United Kingdom and not from the Member State of residence, and:

(a) the pensioner is only entitled to cash benefits under the legislation of the United Kingdom; or

(b) the pensioner is entitled to cash benefits under the legislation of two or more States, one of which is the United Kingdom, and the pensioner has been subject to the legislation of the United Kingdom for the longest period of time. If the pensioner has been subject for an equal period of time to the legislation of another State, the United Kingdom will be competent if the pensioner was last subject to its legislation.

Section 8

In Article 25—

(a) in the heading—

(i) for “Member States” substitute “ States ” ;

(ii) for “benefits in kind” substitute “ cash benefits ” ;

(iii) for “latter Member State” substitute “ Member State of residence ” ;

(b) for “Member States”, in the first place it occurs, substitute “ States ” ;

(c) for “benefits in kind”, in the first place it occurs, substitute “ cash benefits ” ;

(d) for the words from “the cost of benefits in kind provided” to “Article 24(2)” substitute “ where the United Kingdom has been determined in accordance with Article 24 as competent in respect of that person's pensions, the United Kingdom is competent for cash benefits ” ;

(e) for “that Member State”, in the second place it occurs, substitute “ the United Kingdom ” .

Section 9

In Article 26—

(a) for “Member State”, in each place it occurs (including the heading), substitute “ State ” ;

(b) for “Member States” substitute “ States, one of which is the United Kingdom, ” ;

(c) for the words from “benefits in kind”, in the first place it occurs, to “costs of the benefits in kind” substitute “ cash benefits from the United Kingdom, where the United Kingdom is competent for cash benefits ” .

Section 10

Omit Articles 27 and 28.

Section 11

In Article 29, for paragraph 1 substitute—

(1) Where a person resides in a Member State and receives a pension or pensions under the legislation of the United Kingdom and one or more Member States, the competent institution of the United Kingdom is not responsible for paying cash benefits where the competent institution in the Member State of residence is responsible for the cost of benefits in kind provided to the person in that Member State. Article 21 shall apply mutatis mutandis

Section 12

In Article 31, for “Articles 17 to 21” substitute “ Article 21 ” .

Section 13

Omit Articles 32 to 35.

Section 14

In Article 36—

(a) for the heading substitute “ Article 21 to apply to benefits within this Chapter ” ;

(b) omit paragraphs 1, 2 and 2a.

Section 15

In Article 40, omit paragraphs 1 and 2.

Section 16

In Article 85, omit “Article 35(3) and/or”.

Section 17

Omit Annexes 3 to 5.

Section 18

(1) Annex 11 is amended as follows.

(2) Under the heading “FRANCE”, omit paragraph 2;

(3) Under the heading “NETHERLANDS”, in paragraph 1—

(a) omit points (a) to (e);

(b) omit point (h).

Section 1

Regulation (EC) No 987/2009 is amended as follows.

Section 2

Omit Article 22.

Section 3

In Article 23—

(a) for “Member State”, in both places it occurs, substitute “ State ” ;

(b) omit “17, 19(1), 20,”.

Section 4

Omit Articles 24 to 26.

Section 5

Omit Article 29.

Section 6

Omit Article 31.

Section 7

(1) Article 32 is amended as follows.

(2) In paragraph 1, for “benefits in kind or in cash” substitute “ cash benefits ” .

(3) Omit paragraph 2.

(4) Omit paragraph 3.

Section 8

(1) Article 33 is amended as follows.

(2) In the heading, omit “in kind and”.

(3) In paragraph 1, for “Articles 24 to 27” substitute “ Article 27 ” .

(4) Omit paragraph 2.

Section 9

Omit Article 35.

Section 10

Omit Article 41.

Section 11

In Title 4, omit Chapter 1 (reimbursement of the cost of benefits in application of Article 35 and Article 41 of Regulation (EC) No 883/2004 ).

Section 12

(1) Annex 1 is amended as follows.

(2) Under the heading BELGIUM-UNITED KINGDOM, omit point (b).

(3) Under the heading DENMARK-UNITED KINGDOM, omit “benefits in kind and”.

(4) Under the heading IRELAND-UNITED KINGDOM, omit the words from “Articles 36(3)” to “1408/71) and”.

(5) Omit the heading SPAIN-UNITED KINGDOM and the text under it.

(6) Under the heading FRANCE-UNITED KINGDOM, omit point (b).

(7) Omit the heading ITALY-UNITED KINGDOM and the text under it.

(8) Omit the heading HUNGARY-UNITED KINGDOM and the text under it.

(9) Omit the heading MALTA-UNITED KINGDOM and the text under it.

(10) Omit the heading PORTUGAL-UNITED KINGDOM and the text under it.

(11) Under the heading FINLAND-UNITED KINGDOM, omit the words from “Articles 36(3)” to “in kind) and”.

(12) Under the heading SWEDEN-UNITED KINGDOM, omit the words from “Article 36(3)” to “in kind) and”.

Section 13

Omit Annex 3.

Section 1

Regulation (EEC) No 1408/71 is amended as follows.

Section 2

(1) Article 1 is amended as follows.

(2) In point (f)(i) for “Articles 22(1)(a) and 31” substitute “ Article 31 ” .

(3) In point (u)(i), for “benefits in kind or in cash” substitute “ cash benefits ” .