Council Decision (EU) 2021/1710 of 21 September 2021 establishing the position to be adopted on behalf of the European Union in the Specialised Committee on Social Security Coordination established by the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, as regards the adoption of a decision to amend the Annexes to the Protocol on Social Security Coordination

• Published date: 24 September 2021
• Date of Signature: 21 September 2021
• Official Gazette Publication: Official Journal of the European Union, L 339, 24 September 2021
• Subject Matter: External relations,Cooperation,Social Policy

24.9.2021 EN Official Journal of the European Union L 339/89

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COUNCIL DECISION (EU) 2021/1710

of 21 September 2021

establishing the position to be adopted on behalf of the European Union in the Specialised Committee on Social Security Coordination established by the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, as regards the adoption of a decision to amend the Annexes to the Protocol on Social Security Coordination

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 48 in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) The Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part ('the Trade and Cooperation Agreement') was concluded by the Union by means of Council Decision (EU) 2021/689 (1) and entered into force on 1 May 2021, having been provisionally applied since 1 January 2021.

(2) Pursuant to Article 778(1) of the Trade and Cooperation Agreement, the Protocols and Annexes to that Agreement form an integral part thereof. Pursuant to Article 783(3) of the Trade and Cooperation Agreement, as from the date from which the Agreement is provisionally applied, references to the date of its entry into force are to be understood as references to the date from which it is provisionally applied.

(3) Article 8(4), point (c), of the Trade and Cooperation Agreement empowers the Specialised Committee on Social Security Coordination to adopt decisions, including amendments, and recommendations in respect of all matters where the Trade and Cooperation Agreement so provides. Pursuant to Article SSC.68 of the Protocol on Social Security Coordination, the Specialised Committee on Social Security Coordination is able to amend the Annexes and Appendices to that Protocol. Pursuant to Article 10 of the Trade and Cooperation Agreement, the decisions adopted by a Committee are binding on the Parties.

(4) Annexes SSC-1, SSC-3, SSC-4, SSC-5 and SSC-6 to the Protocol on Social Security Coordination, insofar as they reflect the national legislation of the Member States and the United Kingdom, should be amended, in particular to take into account recent changes to national legislation. The title of Annex SSC-1 should be corrected so as not to refer only to benefits 'in cash'. Appendix SSCI-1 to Annex SSC-7 should be amended to reflect the decision of one of the Parties to an arrangement listed therein.

(5) Article SSC.11(6) of the Protocol on Social Security Coordination requires the Parties to publish an updated Annex SSC-8 as soon as possible after a period of one month from the entry into force of the Trade and Cooperation Agreement. The Specialised Committee on Social Security Coordination should adopt a decision to comply with that obligation.

(6) It is therefore appropriate to establish the position to be adopted on the Union's behalf in the Specialised Committee on Social Security Coordination regarding the amendment of Annexes SSC-1, SSC-3, SSC-4, SSC-5, SSC-6 and SSC-8 as well as Appendix SSCI-1 to Annex SSC-7 to the Protocol on Social Security Coordination,

HAS ADOPTED THIS DECISION:

Article 1

The position to be adopted on the Union's behalf in the Specialised Committee on Social Security Coordination established by Article 8(1), point (p), of the Trade and Cooperation Agreement is attached to this Decision.

Article 2

The Decision shall enter into force on the date of its adoption.

Done at Brussels, 21 September 2021.

For the Council

The President

G. DOVŽAN

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(1) Council Decision (EU) 2021/689 of 29 April 2021 on the conclusion, on behalf of the Union, of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, and of the Agreement between the European Union and the United Kingdom of Great Britain and Northern Ireland concerning security procedures for exchanging and protecting classified information (OJ L 149, 30.4.2021, p. 2).

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DRAFT

DECISION NO 1/2021 OF THE SPECIALISED COMMITTEE ESTABLISHED BY ARTICLE 8(1)(P) OF THE TRADE AND COOPERATION AGREEMENT BETWEEN THE EUROPEAN UNION AND THE EUROPEAN ATOMIC ENERGY COMMUNITY, OF THE ONE PART, AND THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, OF THE OTHER PART,

of …

as regards the amendment of the Annexes to the Protocol on Social Security Coordination

THE SPECIALISED COMMITTEE,

Having regard to the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (1) (the 'Trade and Cooperation Agreement'), and in particular Article SSC.68 of its Protocol on Social Security Coordination,

Whereas:

(1) Pursuant to Article SSC.68 of the Protocol on Social Security Coordination to the Trade and Cooperation Agreement, the Specialised Committee on Social Security Coordination may amend the Annexes and Appendices to that Protocol.

(2) Annexes SSC-1, SSC-3, SSC-4, SSC-5 and SSC-6 to the Protocol on Social Security Coordination, insofar as they reflect the national legislation of the Member States and the United Kingdom, should be amended, in particular to take into account recent changes to national legislation. The title of Annex SSC-1 should be corrected so as not to refer only to benefits 'in cash'. Appendix SSCI-1 to Annex SSC-7 should be amended to reflect the decision of one of the Parties to an arrangement listed therein.

(3) Article SSC.11(6) of the Protocol on Social Security Coordination requires the Parties to publish an updated Annex SSC-8 as soon as possible after a period of one month from the entry into force of the Trade and Cooperation Agreement,

HAS ADOPTED THIS DECISION:

Article 1

The entries of the Member States and the United Kingdom in Annexes SSC-1, SSC-3, SSC-4, SSC-5 and SSC-6 as well as the entries in Appendix SSCI-1 to Annex SSC-7 to the Protocol on Social Security Coordination are updated as provided for in Annex I to this Decision.

Annex SSC-8 to the Protocol on Social Security Coordination is updated as provided for in Annex II to this Decision.

Article 2

This Decision shall enter into force on the date of its publication.

Done at …,

For the Partnership Council

The Co-chairs

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(1) OJ L 444, 31.12.2020, p. 14.

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ANNEX I TO DECISION No 1/2021

ANNEX SSC-1

CERTAIN BENEFITS TO WHICH THIS PROTOCOL SHALL NOT APPLY

PART 1

SPECIAL NON-CONTRIBUTORY CASH BENEFITS

(Point (a) of Article SSC.3(4) of this Protocol)

(i) UNITED KINGDOM

(a) State Pension Credit (State Pension Credit Act 2002 and State Pension Credit Act (Northern Ireland) 2002)

(b) Income-based allowances for jobseekers (Jobseekers Act 1995 and Jobseekers (Northern Ireland) Order 1995)

(c) Disability Living Allowance, mobility component (Social Security Contributions and Benefits Act 1992 and Social Security Contributions and Benefits (Northern Ireland) Act 1992)

(d) Personal Independence Payment, mobility component (Welfare Reform Act 2012 (Part 4) and Welfare Reform (Northern Ireland) Order 2015 (Part 5))

(e) Employment and Support Allowance Income-related (Welfare Reform Act 2007 and Welfare Reform Act (Northern Ireland) 2007)

(f) Best Start Foods payment (Welfare Foods (Best Start Foods) (Scotland) Regulations 2019 (SSI 2019/193))

(g) Best Start Grants (pregnancy and baby grant, early learning grant, school-age grant) (The Early Years Assistance (Best Start Grants) (Scotland) Regulations 2018 (SSI 2018/370))

(h) Funeral Support Payment (Funeral Expense Assistance (Scotland) Regulations 2019 (SSI 2019/292))

(i) Scottish Child Payment (The Scottish Child Payment Regulations 2020 (SSI 2020/351))

(ii) MEMBER STATES

AUSTRIA

Compensatory supplement (Federal Act of 9 September 1955 on General Social Insurance — ASVG, Federal Act of 11 October 1978 on Social insurance for persons engaged in trade and commerce — GSVG and Federal Act of 11 October 1978 on Social insurance for farmers — BSVG).

BELGIUM

(a) Income replacement allowance (Law of 27 February 1987) (Inkomensvervangende tegemoetkoming/Allocation de remplacement de revenus);

(b) Guaranteed income for elderly persons (Law of 22 March 2001) (Inkomensgarantie voor ouderen/ Revenu garanti aux personnes âgées).

BULGARIA

Social Pension for old age (Article 89a of the Social Insurance Code).

CYPRUS

(a) Social Pension (Social Pension Law of 1995 (Law 25(I)/95), as amended);

(b) Severe motor disability allowance (Council of Ministers' Decisions Nos 38210 of 16 October 1992, 41370 of 1 August 1994, 46183 of 11 June 1997 and 53675 of 16 May 2001);

(c) Special grant to blind persons (Special Grants Law of 1996 (Law 77(I)/96), as amended).

DENMARK

Accommodation expenses for pensioners (Law on individual accommodation assistance, consolidated by Law No 204 of 29 March 1995).

ESTONIA

State unemployment allowance (Labour Market Services and Support Act of 29 September 2005).

FINLAND

(a) Housing allowance for pensioners (Act concerning the Housing Allowance for pensioners, 571/2007);

(b) Labour market support (Act on

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