
Brexit: Preparing for a Future UK Social Security System
The UK Government introduced the Immigration and Social Security Co-ordination (EU Withdrawal) Bill in the House of Commons on 20 December.
The UK Government introduced the Immigration and Social Security Co-ordination (EU Withdrawal) Bill in the House of Commons on 20 December.
The UK Government introduced the Immigration and Social Security Co-ordination (EU Withdrawal) Bill in the House of Commons on 20 December. The EU Withdrawal bill will revoke retained EU law and, importantly, end free movement for EU citizens as well as protect the rights of Irish citizens. The Bill contains a power which enables the UK Government to amend the retained social security coordination regime and deliver policy changes post EU exit.
Key Points
All EU nationals (and their families) who are covered by the social security legislation of an EU country can benefit from the European Social Security Co-ordination Regulations. They apply to employees and self-employed, civil servants, students and pensioners, but also to unemployed, not yet working or no longer working. The EU Regulations also apply to non-EU nationals and their family members who reside legally in the EU. The Regulations lay down common rules to protect social security rights when moving within the EU / EEA (i.e. including Iceland, Liechtenstein, Norway and Switzerland). However, it does not replace the national social security systems by one single European system.
As such, for the UK Government, it is important to maintain consistency between the future immigration system and the availability of benefit support for EEA nationals. This is the reason why the UK Government is bringing forward social security legislative provisions into the Immigration and Social Security Co-ordination (EU Withdrawal) Bill, to enable the UK to respond to its withdrawal from the EU by making changes to its own social security arrangements, incorporating aspects of immigration.
The power will enable the UK Government to make suitable legislative provisions for a range of post-Brexit scenarios that may arise. In response to the outcome of negotiations with the EU, the power may need to be exercised to implement policy changes to the retained social security co-ordination rules. These rules cover a wide range of issues, developing a framework for future social security coordination policy:
The position of the UK Government in its negotiations with the EU, aiming at achieving fair principles, which will protect individual’s rights and treat all countries consistently, is still not final. The Immigration and Social Security Co-ordination (EU Withdrawal) Bill will allow the UK Government to revoke or amend the EU Social Security Co-ordination Rules as retained by the EU Withdrawal Act 2018 and provide powers to the UK Government to set out new rules on Social Security Co-ordination for EU nationals in the UK.