iii. the 2019 Memorandum of Understanding between the United Kingdom and Ireland on the Common Travel Area [footnote 3]. i. the 2019 Irish Agreement on Mutual Social Security [footnote 1]; 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 informed 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. When it comes to addressing EU citizens, it should be noted that this also includes Irish nationals who do not also have British citizenship. If an EU citizen is also a British national, staff should refer to Article 10 of Chapter 2 “Binationals”. 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. 114. The EEA-EFTA Separation Agreement [note 48] and the Swiss Agreement on Civil Rights [note 49] contain provisions that reflect Title III of the Withdrawal Agreement, including Article 33. The Joint Committee under the Withdrawal Agreement shall determine the date from which the provisions of Title III shall apply to nationals of the EFTA States. a Portuguese national who has his habitual residence in Portugal and who works both in Portugal (not a substantial part) and in the United Kingdom, subject to Portuguese legislation in accordance with a derogation agreement based on Article 16 of Regulation (EC) No 883/2004. That person shall remain insured for at least as long as provided for in Article 16 of the Agreement. This provision applies to custody acquired by judgment, by operation of law or by a legally valid agreement. v. Family members in the broad sense [note 30] of the persons referred to in points (a) to (d) of Article 10(1) whose residence has been facilitated or applied for before the end of the transitional period (Article 10(3)(52)).

The definition of “family members” in this section should be read as referring to the EU Coordination Regulation and not to the EU Free Movement Directive. It should be noted that under the EU Coordination Regulations, the definition of a child for Title III is therefore a person under the age of 18, as opposed to a person under the age of 21 for Titles I and II or dependent. The exception to this rule is where the competent State has a different definition, in which case the definition of family member should be used in accordance with the national social security rules of the competent State. 15. It should be noted that Article 30(3) and Article 30(4) operate in such a way that, in cases where a person does not or no longer falls within the scope of Article 30(1), those who continue to fall ratione personae under Article 30(1), Article 30(1) of Article 30, Article 30(1)(1) of the Treaty on Economic and Monetary Affairs. 10, but retain the related rights set out in the provisions of Title III relating to the coordination of social security systems. This also applies to their family members and surviving dependents. The persons listed in Article 10 will therefore continue to be fully covered by the provisions on the coordination of social security systems as long as they are in one of the situations listed in Title II. 1. This Chapter supports the decision-making process on social security provisions in the citizens` rights section 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. GUIDELINES for DWP decision-makers on EU coordination regulations: www.gov.uk/government/publications/decision-makers-guide-vol-2-international-subjects-staff-guide self-employed frontier workers enjoy the same rights as workers with regard to frontier workers in accordance with Article 24(3) of the Agreement, with the same reservations as in terms of relevance as in the Guidelines on Article 25(1), point (e.B. redundancies). 7. Family members within the meaning of Titles I and II shall be those defined in Article 2(2) of the European Union Directive on the free movement of persons. Guidance on this can be found in the Division`s existing guidelines [footnote 22]. The definition includes: 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 consider whether they fully fall within the scope of Article 30 of the Withdrawal Agreement (including those covered by Article 30(3) because they have rights of residence because they fall within the scope of 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. 68. As indicated above, Article 31(1) of the EC Treaty provides: 2 states that the definitions in Title III are to be construed by reference to Article 1 of Regulation (EC) No 883/2004 and may therefore derogate from the definitions in the rest of Part Two of the Withdrawal Agreement. 12. The exercise of his right of residence in accordance with Union law pursuant to Article 9(c) is a Union citizen or a United Kingdom national legally residing in the host Member State under Union law on the free movement of persons, mainly the Union Directive on free movement and Articles 21, 45 and 49 TFEU. This does not apply to family members of UK nationals residing in the UK in accordance with EU law, e.B beneficiaries of CJEU Cases C-34/09, Ruiz Zambrano [footnote 26] or C-370/90, Surinder Singh [footnote 27]. 15.

If a person does not fulfil the conditions for coordination of social security systems in 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. 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 ii. Irish Bilateral Social Security Agreement 2007[footnote 2]; and 131. This Article is without prejudice to the agreements on common travel areas between the United Kingdom and Ireland and recognises that there may be more favourable provisions for those covered by those agreements. 5. Those guidelines explain the impact of the Withdrawal Agreement on the coordination of social security systems, but do not constitute a definitive declaration or a substitute for the law itself. .