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 CSP 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 CSP. 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