11. In order to determine whether a person falls within the scope of the provisions on the coordination of social security systems, it is necessary to examine whether they fully fall within the scope of Article 30 of the Withdrawal Agreement (including those covered by Article 30(3) because they have the right of residence under their scope in Article 10 of the Withdrawal Agreement). Otherwise, it may be necessary to examine whether they fall partially within the scope (Article 32 of the Withdrawal Agreement) or whether they have derived rights as family members. If a person is not covered by one of these criteria, his or her social security situation depends on national law or a reciprocal agreement between the United Kingdom and the State concerned. Some power lines may experience slight deviations in this order. ↩ www.efta.int/media/documents/legal-texts/eea/the-eea-agreement/Main%20Text%20of%20the%20Agreement/EEAagreement.pdf Custody of this Title is defined in Article 2 of Regulation (EC) No 2201/2003[footnote 28] and includes rights and obligations relating to the custody of a child and the right to determine the child`s place of residence. Custody may be acquired by a court decision, by legal force or by an agreement having legal effects. 8. The UK left the EU on 31 January 2020 and entered a transition period (which lasts until 31 December 2020). The Withdrawal Agreement will create a cohort that will continue to be covered by EU coordination regulations after the end of the transition period.

From that point on, the response teams will have to determine whether a person falls within the scope of the withdrawal agreement provisions on the coordination of social security systems and therefore applies EU coordination regulations or whether they are not covered by UK national law and existing mutual agreements. 1. This Chapter supports the decision-making process concerning the social security provisions in the part on citizens` rights of the Withdrawal Agreement and related agreements. The main objective is to identify the persons covered by the provisions of the Title on the coordination of social security systems (Title III) of the Withdrawal Agreement and to define their rights under those provisions. It should be read in conjunction with all ministry-specific guidelines on these provisions. 7. The 2019 Memorandum of Understanding between the United Kingdom and Ireland on the Common Travel Area covers access to health services and grants UK citizens residing in Ireland and Irish citizens residing in the UK the right to access publicly funded emergency, routine and planned health services in the other state on the same basis as citizens of that state. In addition, a mutual health agreement is being negotiated in the framework of the Common Travel Area, but it will be separate from the provisions of the Withdrawal Agreement. 15. If a person does not fulfil the conditions for coordination of social security systems of the Withdrawal Agreement, his or her entitlement to social security benefits or the payment of UK social security contributions will be determined in accordance with national law or a mutual agreement with the State concerned. 15. The provision on export (renunciation of residence rules) allows the payment of certain benefits in cash outside the competent State.

Payment of these benefits must be made without reduction, modification, suspension, withdrawal or confiscation because the person or members of his or her family reside outside the State responsible for payment of the benefit. All eligibility requirements for the benefit must continue to be met. 131. This Article is without prejudice to the agreements on a common travel area between the United Kingdom and Ireland and recognises that more favourable provisions may exist for agreements covered by such agreements. (3) The provisions of the Withdrawal Agreement ensure cooperation between those three agreements and, therefore, references in this Chapter to EU citizens or EU Member States should be understood as including citizens and States of the EEA-EFTA countries (Norway, Liechtenstein and Iceland) and Switzerland. If restructuring is envisaged instead of formal insolvency proceedings (see practice note: Advantages of restructuring over formal proceedings), the Company may wish to ensure that the creditors concerned quickly conclude a standstill agreement in order to have room for manoeuvre to consider restructuring The practical note: Citizens` right of residence in the Withdrawal Agreement: General principles, enforcement and related matters include: ii. a person receiving a UK social security benefit in the EU who is not exported under national rules or a reciprocal agreement with the country concerned; ↩ www.gov.uk/government/publications/eea-efta-separation-agreement-and-explainer 6. Without prejudice to other previous bilateral agreements concluded by the United Kingdom with EU Member States, when examining Ireland`s applications, staff should also be aware of other reciprocal agreements between the United Kingdom and Ireland concerning the coordination of social security systems. This includes the 2007 Irish Bilateral Social Security Agreement [footnote 4], which mainly covers people who have worked in parts of the UK, including the Isle of Man and the Channel Islands, and who are not covered by EU coordination regulations. 115.

In this way, the three agreements will ensure, for example, .B. that a person who has worked in Norway, the United Kingdom and France before the end of the transition period will continue to be able to aggregate the contributions paid in the three States. Persons falling within the scope will also be able to exercise their mutual health rights throughout the EEA and in Switzerland (e.B. a UK EHIC can be used in all territories). Those that fall within the scope are also subject to the legislation of one country at a time, as currently covered by the EU coordination regulations. For example, a British national who normally resides in the United Kingdom and who is posted to Norway for 12 months by his Or her British employer at the end of the transition period would fall under that title. Instead of transferring the benefit of an agreement to a third party, the original parties may instead wish to terminate their obligations to each other under this agreement and actually recreate them, with the third party putting themselves in the shoes of one of the original parties. That`s 117. The provision of the EEA-EFTA Separation Agreement on triangulation (Article 32) does not apply to Swiss nationals, and the provision of the Swiss Civil Rights Agreement on triangulation (Article 26b) does not apply to EEA-EFTA nationals. Indeed, the SSC agreements of these countries with the EU only apply between these countries and the EU and, therefore, nationals of other countries have no rights under EU-ETUC rules in the other territory (except as a family member or survivor).

[footnote 50], which falls within the scope of the Agreement, including the definitions in the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community: assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/840655/Agreement_on_the_withdrawal_of_the_United_Kingdom_of_Great_Britain_and_Northern_Ireland_from_the_European_Union_and_the_European_Atomic_Energy_Community.pdf 7. For further advice for individuals covering the whole of Part 2 (Citizens` Rights) of the Withdrawal Agreement, please see: www.gov.uk/government/publications/withdrawal-agreement-explainer-for-part-2-citizens-rights This publication is available at: www.gov.uk/government/publications/social-security-arrangements-between-the-uk-and-the-eu-from-1-january-2021-staff-guide/guidance-relating-to-the-uks-operational-implementation-of-the-social-security-coordination-provisions-of-part-2-of-the-eu-withdrawal-agreement-citi A person has his or her habitual residence in the United Kingdom (except in the case of temporary or occasional absence) and the residence here has become voluntary and for purposes determined under the order regular of their life for the moment, whether for a short or a long time .. .