The complex social security provisions of the Brexit withdrawal agreement, to be implemented for decades

Abstract

This article analyses the provisions in the withdrawal agreement regarding the coordination of the social security schemes of the United Kingdom and the Member States after Brexit. The UK’s withdrawal from the EU raises numerous questions about the consequences for the social security rights, including access to health care, of persons who find themselves in a cross-border situation between the UK and the EU27. The detailed provisions in the agreement concern, in the first place, the arrangements during the transition period, which ends on 31 December 2020. They also establish the rights of persons who are in a cross-border situation between the UK and a Member State at the end of this transition period. Furthermore, the agreement includes rules for persons who have been in such a situation in the past. These provisions are formulated in a complicated manner and will undoubtedly give rise to problems of interpretation and implementation for many decades to come. This article tries to clarify the basic content of this part of the withdrawal agreement, including the arrangements on administrative cooperation, monitoring and enforcement.