Dear God In Heaven.
Regulation 883/2004 for social security, as amended or replaced
before the end of the TIP, (Article 31) will continue to apply to certain
EU and UK citizens (and family members and survivors). Those
persons will maintain their right to healthcare, pensions and other
social security benefits. This would appear to enable qualifying EU
citizens to continue to export child benefit out of the UK to the Member
State where their children are residing. In addition, the Joint
21
Committee “will make sure” that UK law remains aligned with EU law.
This appears to mean that the UK will have to accept amendments to
those Regulations in respect of qualifying EU nationals, with
consequential amendments being made to the relevant list of EU
legislation in Annex 1, Part II of the WA.
22
One more;
Another potentially lengthy period of continued application of EU can be
expected in relation to certain aspects of the Financial Settlement. For example:
● In the case of pensions, Article 142 requires the UK will pay its share
of the funding of pensions and other employee benefits in respect of
the members and staff of the EU institutions, accumulated by the end
of 2020 The National Audit Office concluded in April of this year that the UK’s obligation to contribute to the EU pension liability may last
until at least 2064;
● Article 136 applies EU law “concerning the Union’s own resources,
relating to financial years until 2020” after the end of the TIP.
Effectively, this means that the rules governing the UK’s contributions
to the EU budget for unpaid funding commitments as at 31 December
2020 will in principle continue to apply until the UK has fully paid off its
share of those commitments. There is a non-exhaustive list of specific
legislation which applies with amendments, irrespective of the date of
their adoption, entry into force or application. This is set out in the
Government’s Explainer at paragraphs 130-132.
After the end of the TIP the CJEU continues to determine the interpretation of
EU law applicable under the WA by the mandatory reference procedure from the
arbitration panel.
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During the TIP EU law is interpreted and enforced by the CJEU (possibly subject
to a contrary decision on the specific matter by the Joint Committee).
EU law applies extensively in the event of the Backstop coming into force and to a lesser extent to the Cyprus Sovereign base areas
Source: http://www.oldrightie.com/2018/12/dear-god-in-heaven.html
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