Click to edit SEO parameters
Other international agreements
There are additional specific UK international social security agreements with Gibraltar and the Republic of Ireland. Irish or UK nationals moving between Ireland and the UK, and individuals of any nationality moving between the UK and Gibraltar, will essentially continue to be subject to the EU coordination rules in the future. This is regardless of whether that movement takes place before or after the end of 2020.
Individuals covered by the Irish Agreement making an application for reinstatement in Scotland must have been present in the Common Travel Area (which includes Ireland) for 26 of the last 52 weeks. The usual rules on competence apply. The UK/Ireland: Convention on Social Security ensures that the position of UK and Irish nationals who move or have moved between the UK and Ireland will not change as a result of the UK's exit from the EU. It guarantees continued access to, and equality of treatment in relation to, social security provision for UK and Irish nationals and their qualifying family members in each country.
The agreement with Gibraltar essentially replicates the provisions of the EU rules and applies those to individuals of any nationality moving between Gibraltar and the UK, as though the UK and Gibraltar were separate EU member states.
Other UK international agreements mean individuals who are both:
- nationals of either Morocco or Tunisia; and
- in employment in the UK
should have their applications for reinstatement from within Scotland assessed as though they were in the ‘protected cohort’. That is, the EU rules should be applied.
Examples of personal scope of the coordination rules
Ferenc, an Austrian national, arrived in Scotland in March 2020. He applied to the EU Settlement Scheme and was awarded pre-settled status in June 2020. He is:
- part of the ‘protected cohort’;
- eligible to apply for reinstatement to Social Security Scotland; and
- subject to the EU rules on social security coordination in future.
Sophie, a Belgian national, and her family:
- arrived in Scotland from Belgium in November 2020; and
- have not made an application to the EU Settlement Scheme.
She and any joining family members are part of the ‘protected cohort’. However, they are subject to immigration control unless and until a successful application to the EUSS is made. If her application is refused and she has exhausted all appeal rights, she and her family members will be subject to immigration control and will no longer be eligible for support.
Juan, a Spanish national, arrived in Scotland from Spain in December 2020. His family joined him in June 2022.
- Juan has settled status.
- His family have not yet applied to the EU Settlement Scheme.
He and his family members are part of the ‘protected cohort’. Juan meets the residency requirements for Scottish Adult DLA. His family members meet residency requirements for at least the initial three months of their arrival, during which time they are expected to make an application to the EUSS. If they fail to make an application within these three months, they will become subject to immigration control, unless and until they make a late application to the EUSS; in such a case, the Home Office will assess the reason for their late application on an individual basis, during which time their rights will be protected unless and until their application is rejected.
Andreas, a Greek national, arrived in Scotland from Greece in February 2021. As he arrived after 31 December 2020, he:
- cannot become part of the protected cohort;
- cannot therefore be subject to the EU rules on social security coordination; and
- should be treated as a third country national.