Brexit and the reform of social security coordination: The UK’s metamorphosis from rule maker to rule taker
| Author | Simon Roberts |
| Published date | 01 June 2020 |
| Date | 01 June 2020 |
| DOI | http://doi.org/10.1177/1388262720927113 |
| Subject Matter | Articles |
Article
Brexit and the reform of
social security coordination:
The UK’s metamorphosis
from rule maker to rule taker
Simon Roberts
School of Sociology and Social Policy, University of Nottingham, Nottingham, UK
Abstract
This article examines the United Kingdom’s negotiating position on the revision of the EU
Coordinating Regulations proposed by the European Commission in December 2016, in the
context of Brexit and the negotiations on the Withdrawal Agreement. The Withdrawal Agree-
ment contains provisions on the future coordination of social security for UK and EU nationals
who have exercised their freedom of movement rights before the end of the transition period. The
coordination envisaged by the Withdrawal Agreement has not been sealed at the point of the UK’s
departure but will continue to evolve and incorporate future changes in the EU Coordinating
Regulations, including the reforms contained in the Commission’s current legislative proposal. The
UK had a seat at the negotiating table until it left the European Union on 31 January 2020, which it
used to try to influence the reform of the Coordinating Regulations to reflect its future interests.
The article finds that, while the UK participated in negotiating the current revision of the Coor-
dinating Regulations and several of the revisions are in line with its aims, its influence is waning as
the UK moves from being a rule maker to a rule taker in Europe.
Keywords
Reform of social security coordination, Brexit, Withdrawal Agreement, negotiations
1. Introduction
In a referendum on 23 June 2016 the United Kingdom (UK) voted by a narrow margin to leave the
European Union (EU).
1
Almost one year later, on 29 March 2017, the UK Government invoked
Corresponding author:
Dr. Simon Roberts, University of Nottingham, B39, Law and Social Science Building, University Park, Nottingham NG7
2RD, UK.
E-mail: simon.roberts@nottingham.ac.uk
1. Electoral Commission: https://www.electoralcommission.org.uk/who-we-are-and-what-we-do/elections-and-refer
endums/past-elections-and-referendums/eu-referendum/results-and-turnout-eu-referendum
European Journal of Social Security
2020, Vol. 22(2) 235–251
ªThe Author(s) 2020
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DOI: 10.1177/1388262720927113
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Article 50 of the Treaty on European Union
2
to initiate the process of leaving, which, after three
extensions, took place on 31 January 2020. In December 2016, between the referendum and the
UK Government invoking Article 50 of the Treaty, the European Commission presented a legis-
lative proposal
3
to revise the social security coordinating regulations, i.e. Regulation (EC) No. 883/
2004
4
and its implementing regulation, Regulation (EC) No. 987/2009.
5
If adopted, the new
Regulation is expected to take effect in 2022
6
and thus the amendments are unlikely to apply
before the UK leaves the Acquis Communautaire
7
which, at the time of writing (April 2020) is
scheduled to be at the end of the transition period
8
on 31 December 2020. However, the With-
drawal Agreement
9
which was published on 17 October 2019 and signed on 24 January 2020,
contains provisions on the future coordination of social security for UK and EU nationals who will
have exercised their freedom of movement rights before the end of the transition period. The
coordination of social security envisaged by the Withdrawal Agreement is not sealed at the point of
the UK’s departure but is dynamic and will incorporate future changes to the Coordinating Reg-
ulations, which will include the reforms contained in the Commission’s current legislative pro-
posal. Thus, given the time that pensions take to mature, the Coordinating Regulations are likely to
apply to the UK for very many years to come. With this in mind the UK participated in the
negotiations to revise the Coordinating Regulations while at the same time negotiating the With-
drawal Agreement.
This article examines the UK’s negotiating positions on the proposed revision of the
Coordinating Regulations in the context of Brexit and the negotiations on the Withdrawal
Agreement. The analysis is based on examination of EU and UK documentation, including
iterations of the Withdrawal Agreement and reports considered by the House of Commons
European Scrutiny Committee,
10
informed by interviews during an on-going longitudinal
2. Article 50 of the Treaty on European Union. Consolidated versions of the Treaty on European Union and the Treaty on
the Functioning of the European Union, Official Journal C 326, 26.10.2012.
3. Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 883/2004 on
the coordination of social security systems and regulation (EC) No 987/2009 laying down the procedure for imple-
menting Regulation (EC) No 883/2004 (Text with relevance for the EEA and Switzerland) COM/2016/0815 final -
2016/0397 (COD)
4. Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of
social security systems;OJ L 166, 30.4.2004.
5. Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the
procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems OJ L 284/1
30.10.2009.
6. House of Commons European Scrutiny Committee Documents considered by the Committee on 3 April 2019, chapter
11 DWP Brexit: Coordination of social security and access to healthcare https://publications.parliament.uk/pa/
cm201719/cmselect/cmeuleg/301-lx/30102.htm
7. ‘The EU’s ‘‘acquis’’ is the body of common rights and obligations that are binding on all EU countries, as EU
Members’, EUR-Lex, available at https://eur-lex.europa.eu/summary/glossary/acquis.html
8. The transition period is provided for in the Withdrawal Agreement. It started when the UK left the EU on 31 January
2020 and is scheduled to end on 31 December 2020. During the transition period the UK remains within the Acquis
Communautaire.
9. Working document - Consolidated version of the Withdrawal Agreement following revision of Protocol on Ireland/
Northern Ireland and technical adaptations to Article 184 ‘Negotiations on the future relationship’ and Article 185
‘Entry into force and application’ (document TF50(2019)64), as agreed at negotiators’ level and endorsed by the
European Council; - Subject to legal revision. TF50 (2019) 66 – Commission to EU 27, 17 October 2019.
10. The European Scrutiny Committee is appointed under Standing Order No. 143 and consists of 16 members, drawn from
the three largest political parties. The Committee ‘assesses the legal and/or political importance of draft EU legislation
236 European Journal of Social Security 22(2)
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