The Cessation of EU Law Relating to Prohibitions on Grounds of Nationality and Free Movement of Persons Regulations 2022

• Citation: S.I. 2022/1240
• Sections: 9

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Cessation of EU Law Relating to Prohibitions on Grounds of Nationality and Free Movement of Persons Regulations 2022.

(2) These Regulations come into force on the day after the day on which they are made.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Nothing in these Regulations is to be construed as implying in any respect the continued application, recognition or availability in domestic law of—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) Article 7(2) of Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5th April 2011 on freedom of movement for workers within the Union.

Section 2 Cessation of prohibitions on grounds of nationality

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Section 3 Cessation of free movement of persons

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Section 4 Amendment of Regulation (EU) No 492/2011

(1) Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5th April 2011 on freedom of movement for workers within the Union is amended as follows.

(2) In Article 7—

(a) after paragraph 2, insert—

(2A) Paragraphs 1 and 2 do not apply in relation to the matters set out in the Schedule to the Cessation of EU Law Relating to Prohibitions on Grounds of Nationality and Free Movement of Persons Regulations 2022 (relevant matters).

(b) omit paragraph 3.

(3) Omit Articles 9 and 10.

Section 1 Social security and statutory payments

(1) Social security, including—

(a) any scheme providing financial assistance to or in respect of individuals, in particular providing such assistance to or in respect of individuals—

(i) who qualify by reason of old age, survivorship, bereavement, disability, sickness, incapacity, injury, unemployment, maternity, paternity, the care they provide to other individuals or having responsibility for other individuals;

(ii) who qualify by reason of low income; or

(iii) in relation to their housing costs; and

(b) tax credits under Part 1 of the Tax Credits Act 2002 .

(2) The following payments under the following Parts of the Social Security Contributions and Benefits Act 1992 —

(a) statutory adoption pay under Part 12ZB ;

(b) statutory maternity pay under Part 12 ;

(c) statutory parental bereavement pay under Part 12ZD ;

(d) statutory paternity pay under Part 12ZA ;

(e) statutory shared parental pay under Part 12ZC ; and

(f) statutory sick pay under Part 11 .

(3) Sub-paragraph (2) is without prejudice to sub-paragraph (1).

Section 2 Social assistance

(1) Social assistance, within the meaning of Directive 2004/38/EC of the European Parliament and of the Council of 29th April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States (“ the Directive ”).

(2) The reference in subparagraph (1) to the Directive includes a reference to the case law of the Court of Justice of the European Union which interprets the concept of social assistance.

Section 3 Housing

(1) Housing, including—

(a) any accommodation provided to homeless persons; and

(b) mobile homes.

(2) “ Mobile home ” means a caravan, motor vehicle, boat or other movable structure designed or adapted for human habitation, but does not include—

(a) any railway rolling stock which is for the time being on rails forming part of a railway system; or

(b) any tent.

Section 4 Education, training and apprenticeships

Education, training and apprenticeships, including—

(a) social and physical training (including the promotion of the development of young children);

(b) vocational training (including that which helps people prepare for, obtain and retain employment);

(c) the charging of fees in connection with education and training; and

(d) the provision of financial assistance or financial resources in connection with education, training or apprenticeships.

Section 5 Childcare, employer-supported childcare and the childcare payment scheme, etc.

(1) Childcare, including—

(a) the provision of childcare free of charge; and

(b) the provision of financial assistance or financial resources in connection with the provision of childcare, including—

(i) childcare vouchers, within the meaning given in section 84 of the Income Tax (Earnings and Pensions) Act 2003 (“ the 2003 Act ”), or a scheme to which section 270A of that Act applies;

(ii) a scheme to which section 318 of the 2003 Act applies (employer-provided childcare);

(iii) a scheme to which section 318A of the 2003 Act applies (employer-contracted childcare) ;

(iv) a scheme under section 1 of the Childcare Payments Act 2014 (childcare payment scheme).

(2) “Childcare”, for the purposes of this paragraph, means any form of care for a child but does not include—

(a) any form of health care for a child;

(b) care provided for a child if the care—

(i) is provided in any of the following establishments as part of the establishment’s activities—

(aa) a children’s home;

(bb) a care home;

(cc) a hospital in which the child is a patient;

(dd) a residential family centre; and

(ii) is so provided by the person carrying on the establishment or a person employed by the establishment (including a person who is employed under a contract of services); or

(c) care provided for a child who is detained in—

(i) a young offender institution;

(ii) a secure training college; or

(iii) a secure college.

(3) In this paragraph—

“ care home ”, “ children’s home ” and “ residential family centre ” have the same meaning as in the Care Standards Act 2000 ;

“ child ” means a person under the age of 18, except for the purposes of sub-paragraph (1)(b)(i) to (iv);

“ hospital ” has the meaning given by section 275 of the National Health Service Act 2006 .