The Social Security Benefit (Persons Abroad) Regulations 1975

Application of disqualification in respect of up-rating of benefit

5.—(1) Where regulations made in consequence of an order under section 124 of the Act (up-rating of benefits) provide for the application of this regulation to any additional benefit becoming payable by virtue of that order, the following provisions of this regulation shall, subject to regulation 12 below and the provisions of those regulations, have effect in relation to the entitlement to that benefit of persons absent from Great Britain.

(2) In this regulation—

(a) references to additional benefit of any description are to be construed as referring to additional benefit of that description which is, or but for this regulation would be, payable by virtue (either directly or indirectly) of the said order; and

(b) “the appointed date” means the date appointed for the coming into force of the said order.

(3) Where a person is not ordinarily resident in Great Britain immediately before the appointed date the provisions of these regulations (except this regulation) shall not, unless and until he becomes ordinarily resident in Great Britain, affect his disqualification while he is absent from Great Britain for receiving—

(a) in the case of a woman who immediately before the appointed date was a married woman and had not retired, any additional Category B retirement pension, if immediately before that date her husband had retired and was not ordinarily resident in Great Britain;

(b) in the case of a woman who immediately before the appointed date is a widow, any additional Category B retirement pension, if her husband had died before the appointed date;

(c) in any other case, any additional retirement pension of any category, if that person had retired or had otherwise become entitled to a retirement pension before the appointed date;

(d) any additional widow's benefit if her husband had retired or died be-before the appointed date;

(e) any additional child's special allowance if her former husband had died before the appointed date.

(4) If immediately before the appointed date a person is not ordinarily resident in Great Britain but then has, or would, but for the absence of any child from Great Britain, have in his family a child in relation to whom the conditions for guardian's allowance specified in section 38 of the Act are satisfied, the provisions of these regulations shall not affect the disqualification while absent from Great Britain of that person, or any other person for receiving any additional guardian's allowance in respect of that child unless and until the child becomes (or is) included in the family of a person who is ordinarily resident in Great Britain.

(5) The provisions of these regulations shall not affect the disqualification while absent from Great Britain of a widow who—

(a) is not ordinarily resident in Great Britain immediately before the appointed date, and was entitled to widow's benefit immediately before attaining pensionable age, or would, but for any provision of the Act disqualifying her for the receipt of such benefit, have been so entitled; and

(b) is or becomes entitled to a Category A retirement pension the right to which is determined by taking into account under section 28(3) of the Act her husband's contributions;

for receiving any additional Category A retirement pension the right to which is so determined unless and until she becomes ordinarily resident in Great Britain if—

(i) before the appointed date her husband had retired from regular employment and was not ordinarily resident in Great Britain; or

(ii) he died before the appointed date.

(6) Paragraph (3)(c) of this regulation shall not apply to a woman in relation to a Category B retirement pension if her husband had not retired before the appointed date and either—

(i) he was her husband immediately before that date; or

(ii) she married him on or after that date.

(7) Notwithstanding that in regulations made under section 33 of the Act (partial satisfaction of contribution conditions) the reduced rate of benefit is shown as a percentage of the standard rate, a person who immediately before the appointed date is not ordinarily resident in Great Britain shall, while absent from Great Britain, receive benefit at the same rate as previously, that is to say, the amount appropriate to that person when he was last ordinarily resident in Great Britain, or when he became entitled to the benefit in question, if later.