Exiting The European Union Citation, commencement and interpretation 1 These Regulations may be cited as the Social Security Co-ordination (EU Exit) (Scotland) (Amendments etc.) Regulations 2020 and come into force on IP completion day. 2 In these Regulations, “devolved social security matters” means matters which are within the legislative competence of the Scottish Parliament by virtue of exceptions 1 to 10 in Section F1 of Part 2 of schedule 5 of the Scotland Act 1998 . Amendment of the Early Years Assistance (Best Start Grants) (Scotland) Regulations 2018 3 1 The Early Years Assistance (Best Start Grants) (Scotland) Regulations 2018 are amended in accordance with paragraphs (2) to (4). 2 In paragraph 4(2) of schedule 2 (residence requirement)— a in head (a), for “, the Isle of Man, the European Economic Area or Switzerland” substitute “or the Isle of Man”, b after head (a), insert— aa a person who, or has a partner who, is habitually resident in the European Economic Area or Switzerland and— i is a qualified person within the meaning of regulation 6(1)(a) (jobseeker), (b) (worker), (c) (self-employed person), (d) (self-sufficient person) or (e) (student) of the Immigration (European Economic Area) Regulations 2016 (the EEA Regulations); ii retains the status referred to in sub-head (i) pursuant to regulation 6(2) or (4) of the EEA Regulations ; iii is a family member of a person referred to in sub-head (i) or (ii) within the meaning of regulation 7(1) of the EEA Regulations ; iv has a right to reside permanently in the United Kingdom by virtue of regulation 15(1) of the EEA Regulations ; or v has been granted indefinite or limited leave to enter, or remain in, the United Kingdom under the Immigration Act 1971 by virtue of Appendix EU to the immigration rules made under section 3(2) of that Act . . 3 In paragraph 3(2) of schedule 3 (residence requirement)— a in head (a), for “, the Isle of Man, the European Economic Area or Switzerland” substitute “or the Isle of Man”, b after head (a), insert— aa a person who, or has a partner who, is habitually resident in the European Economic Area or Switzerland and— i is a qualified person within the meaning of regulation 6(1)(a) (jobseeker), (b) (worker), (c) (self-employed person), (d) (self-sufficient person) or (e) (student) of the Immigration (European Economic Area) Regulations 2016 (the EEA Regulations); ii retains the status referred to in sub-head (i) pursuant to regulation 6(2) or (4) of the EEA Regulations; iii is a family member of a person referred to in sub-head (i) or (ii) within the meaning of regulation 7(1) of the EEA Regulations; iv has a right to reside permanently in the United Kingdom by virtue of regulation 15(1) of the EEA Regulations; or v has been granted indefinite or limited leave to enter, or remain in, the United Kingdom under the Immigration Act 1971 by virtue of Appendix EU to the immigration rules made under section 3(2) of that Act. . 4 In paragraph 4(2) of schedule 4 (residence requirement)— a in head (a), for “, the Isle of Man, the European Economic Area or Switzerland” substitute “or the Isle of Man”, b after head (a), insert— aa a person who, or has a partner who, is habitually resident in the European Economic Area or Switzerland and— i is a qualified person within the meaning of regulation 6(1)(a) (jobseeker), (b) (worker), (c) (self-employed person), (d) (self-sufficient person) or (e) (student) of the Immigration (European Economic Area) Regulations 2016 (the EEA Regulations); ii retains the status referred to in sub-head (i) pursuant to regulation 6(2) or (4) of the EEA Regulations; iii is a family member of a person referred to in sub-head (i) or (ii) within the meaning of regulation 7(1) of the EEA Regulations; iv has a right to reside permanently in the United Kingdom by virtue of regulation 15(1) of the EEA Regulations; or v has been granted indefinite or limited leave to enter, or remain in, the United Kingdom under the Immigration Act 1971 by virtue of Appendix EU to the immigration rules made under section 3(2) of that Act. . Amendment of the Welfare Foods (Best Start Foods) (Scotland) Regulations 2019 4 1 The Welfare Foods (Best Start Foods) (Scotland) Regulations 2019 are amended in accordance with paragraph (2). 2 In regulation 9(2) (residence requirement)— a in sub-paragraph (a), for “, the Isle of Man, the European Economic Area or Switzerland” substitute “or the Isle of Man”, b after sub-paragraph (a) , insert— aa a person who, or has a partner who, is habitually resident in the European Economic Area or Switzerland and— i is a qualified person within the meaning of regulation 6(1)(a) (jobseeker), (b) (worker), (c) (self-employed person), (d) (self-sufficient person) or (e) (student) of the Immigration (European Economic Area) Regulations 2016 (the EEA Regulations); ii retains the status referred to in head (i) pursuant to regulation 6(2) or (4) of the EEA Regulations ; iii is a family member of a person referred to in head (i) or (ii) within the meaning of regulation 7(1) of the EEA Regulations ; iv has a right to reside permanently in the United Kingdom by virtue of regulation 15(1) of the EEA Regulations ; or v has been granted indefinite or limited leave to enter, or remain in, the United Kingdom under the Immigration Act 1971 by virtue of Appendix EU to the immigration rules made under section 3(2) of that Act. . Amendment of the Funeral Expense Assistance (Scotland) Regulations 2019 5 1 The Funeral Expense Assistance (Scotland) Regulations 2019 are amended in accordance with paragraph (2). 2 For regulation 9(3) (residence conditions, place of funeral and status), substitute— 3 This paragraph applies where the applicant is, or has a partner who is— a a qualified person within the meaning of regulation 6(1)(b) (worker) or (c) (self-employed person) of the Immigration (European Economic Area) Regulations 2016 (the EEA Regulations); b a person who retains the status referred to in sub-paragraph (a) pursuant to regulation 6(2) or (4) of the EEA Regulations ; c a person who is a family member of a person referred to in sub-paragraph (a) or (b) within the meaning of regulation 7(1) of the EEA Regulations ; d a person who has a right to reside permanently in the United Kingdom by virtue of regulation 15(1)(c), (d) or (e) of the EEA Regulations ; or e a person granted indefinite or limited leave to enter, or remain in, the United Kingdom under the Immigration Act 1971 by virtue of Appendix EU to the immigration rules made under section 3(2) of that Act . . Savings for Gibraltar 6 1 Notwithstanding regulation 7, the revoked assimilated direct legislation referred to in paragraph (2) forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018 to the extent specified in that paragraph. 2 This paragraph applies to those parts of the revoked assimilated direct legislation which are necessary to give effect to the Exchange of Letters between the Governments of the United Kingdom and Gibraltar on the co-ordination of social security between the United Kingdom and Gibraltar in so far as it relates to devolved social security matters. 3 The Exchange of Letters referred to in paragraph (2) is contained in the schedule of the Family Allowances, National Insurance and Industrial Injuries (Gibraltar) Order 1974 . 4 In this regulation, “the revoked assimilated direct legislation ” means the assimilated direct legislation revoked by regulation 7. Revocation of assimilated direct legislation 7 The following assimilated direct legislation is revoked in so far as it has effect in relation to devolved social security matters— a Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems , b 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 , c Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community , d Regulation (EEC) No 574/72 of 21 March 1972 fixing the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons and their families moving with the community , and e Council Regulation (EC) No 859/2003 of 14 May 2003 extending the provisions of Regulation (EEC) No 1408/71 to nationals of third countries who are not already covered by those provisions solely on the ground of their nationality . Revocation of instruments 8 The following instruments are revoked in so far as they have effect in relation to devolved social security matters— a the Social Security Coordination ( Council Regulation (EEC) No 574/72 ) (Amendment) (EU Exit) Regulations 2019 , b the Social Security Coordination (Regulation (EC) No 883/2004 , EEA Agreement and Swiss Agreement) (Amendment) (EU Exit) Regulations 2019 , c the Social Security Coordination (Regulation (EC) No 987/2009 ) (Amendment) (EU Exit) Regulations 2019 , and d the Social Security Coordination ( Council Regulation (EEC) No 1408/71 and Council Regulation (EC) No 859/2003 ) (Amendment) (EU Exit) Regulations 2019 . SHIRLEY-ANNE SOMERVILLE A member of the Scottish Government St Andrew’s House, Edinburgh At 10.45 a.m. on 26th November 2020