Citation, commencement and extent

1. —(1) These Regulations may be cited as the Social Security (Reciprocal Agreements) (Miscellaneous Amendments) (EU Exit) Regulations 2021.

(2) This regulation and regulations 3, 5, 6 and 7 come into force on the 22nd day after the day on which these Regulations are laid.

(3) Regulation 2 comes into force on 20th September 2021.

(4) Regulation 4 comes into force on 31st December 2021.

(5) Regulations 2, 3 and 4 extend to England and Wales and Scotland.

(6) Regulations 5, 6 and 7 extend to England and Wales, Scotland and Northern Ireland.

The Social Fund Winter Fuel Payment Regulations 2000

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Amendments to the Social Security (Application of Reciprocal Agreements with Australia, Canada and New Zealand) (EEA States and Switzerland) Regulations 2015

3. —(1)The Social Security (Application of Reciprocal Agreements with Australia, Canada and New Zealand) (EEA States and Switzerland) Regulations 2015 are amended as follows.

(2) Substitute regulation 1(3)(a) with—

“ (a) “withdrawal agreement”, “EEA EFTA separation agreement” and “Swiss citizens’ rights agreement” have the same meanings as in section 39(1) of the European Union (Withdrawal Agreement) Act 2020;

(aa) “Trade and Cooperation Agreement” has the same meaning as in section 37(1) of the European Union (Future Relationship) Act 2020 ( 2 ) ; ”

(3) In regulation 2(a), before “an EEA” add “a UK or”;

(4) Substitute regulation 2(d) with—

“ (d) that person is covered by—

(i) Title III of Part 2 of the withdrawal agreement as set out at Article 30 and 32 of that agreement;

(ii) Title III of Part 2 of the EEA EFTA separation agreement as set out at Article 29 and 31 of that agreement;

(iii) Part Three of the Swiss citizens’ rights agreement as set out at Article 25 and 26a of that agreement;

(iv) the Protocol on Social Security Coordination in the Trade and Cooperation Agreement as set out at Article SSC.2 of Title 1 of that agreement. ” .

Revocation of the Social Security (Application of Reciprocal Agreements with Australia, Canada and New Zealand) (EEA States and Switzerland) Regulations 2015

4. —(1) Subject to paragraph 2, the Social Security (Application of Reciprocal Agreements with Australia, Canada and New Zealand) (EEA States and Switzerland) Regulations 2015( 3 ) are revoked.

(2) Notwithstanding paragraph 1, the Social Security (Application of Reciprocal Agreements with Australia, Canada and New Zealand) (EEA States and Switzerland) Regulations 2015 continue to apply to nationals of the UK, an EEA state or Switzerland if they—

(a) are habitually resident in an EEA state or Switzerland on 31st December 2021; and

(b) remain habitually resident in that same state after 31st December 2021.

The European Network of Employment Services (EU Exit) Regulations 2018

5. —(1)The European Network of Employment Services (EU Exit) Regulations 2018( 4 ) are amended as follows.

(2) Omit regulation 3 (transitional and consequential provisions on the revocation of retained EU instruments).

The Transfer of State Pensions and Benefits Regulations 2007

6. —(1)The Transfer of State Pensions and Benefits Regulations 2007( 5 ) are amended as follows.

(2) In regulation 1 (citation, commencement and interpretation), omit paragraph (2A).

Regulation (EEC, Euratom, ECSC) No 259/68 of the Council of 29 February 1968 laying down the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Communities and instituting special measures temporarily applicable to officials of the Commission

7.Articles 11 and 12 of Annex VIII to the Staff Regulations of Officials of the European Union, and articles 39, 109 and 135 of the Conditions of Employment of Other Servants of the European Union, in Regulation (EEC, Euratom, ECSC) No 259/68 of the Council of 29 February 1968 laying down the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Communities and instituting special measures temporarily applicable to officials of the Commission, to the extent these articles form part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018( 6 ), are omitted.