NIM33050 - Special Cases: International going to or coming from abroad EEA Regulations 883/04 (After 1 May 2010): Sweep Up

Note: This page is under review and the content may only be appropriate to periods beginning before 1 January 2021 and for those covered by a Withdrawal Agreement

Article 11(3)(e) of Regulation 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems

There is a “sweep up” provision that anyone not covered by Article 11(3)(a) to (d) or the other rules in Articles 12-16, is subject to the legislation of the Member State of residence.

“(e) any other person to whom subparagraphs (a) to (d) do not apply shall be subject to the legislation of the Member State of residence, without prejudice to other provisions of this regulation guaranteeing him benefits under the legislation of one or more other Member States”

This is important - a person cannot be left not subject to the legislation of any Member State and therefore without social protection. Again, this is the same as in Regulation 1408/71