Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2019
Consequential amendments to Act of 2005
85. The Act of 2005 is amended—
(a) in section 113A by—
(i) the insertion in subsection (3) of “, (4A), (4B)” after “subsections (4)”, and
(ii) the insertion of the following subsections after subsection (4):
“(4A) Where a person in receipt of invalidity pension under Chapter 17 of this Part attains pensionable age and becomes entitled to a pension under this section and to a pension from the United Kingdom, the weekly rate of pension payable shall be the greater of—
(a) the amount of pension payable, calculated in accordance with the arrangement made with the United Kingdom on 1 February 2019, or
(b) the rate of invalidity pension otherwise payable in accordance with Chapter 17 of this Part.
(4B) In the case of a person to whom both subsections (4) and (4A) applies, the weekly rate of pension payable shall be the greater of either of the amounts calculated under each such subsection.”,
(b) in section 205 by—
(i) the insertion in paragraph (a), of “or the United Kingdom” after “Member State (other than the State)”, and
(ii) the insertion in paragraph (c), of “or the United Kingdom” after “Member State”,
(c) by the insertion, after section 239, of the following Part:
“PART 8A
Certain Payments - Entitlement to Island Allowance
Certain payments - entitlement to island allowance
239A. Where a person is ordinarily resident on an island and is entitled to or in receipt of a payment from the United Kingdom corresponding to a payment under—
(a) section 81, 111, 113, 116, 126, 156, 164 or 174 and he or she has attained pensionable age, or
(b) section 77, 121 or 211,
he or she shall be entitled to a weekly allowance of €12. 70 or any amount that may be prescribed.”,
and
(d) in Schedule 3, by the insertion, in Table 2 at reference 2, of “or the United Kingdom” after “another Member State”.