The Social Security Benefit (Persons Abroad) Regulations 1975

Modification of the Act in relation to death grant

7.—(1) A person shall not be disqualified for receiving a death grant in respect of a death occurring outside Great Britain if the deceased—

(a) immediately before death was, or but for any failure to make a claim would have been, entitled to any benefit under the Act; or

(b) was a woman who died as a result of confinement and who would, if she had not died, have been entitled to maternity benefit in respect of that confinement; or

(c) immediately before death would have been entitled to a retirement pension of any category had he then retired and made the necessary claim; or

(d) immediately before death was a child in respect of whom a child's special allowance or a guardian's allowance was payable; or

(e) was a widow who was, immediately before her death, entitled to any personal death benefit by way of pension or allowance in respect of the death of her husband under any Personal Injuries Scheme, any Service Pensions Instrument or any 1914-1918 War Injuries Scheme within the meaning of the Overlapping Benefits Regulations; or

(f) immediately before death was a serving member of the forces within the meaning of regulation 1(2) of the Contributions Regulations; or

(g) was immediately before death employed either as an airman within the meaning of regulation 72 of the Contributions Regulations, or as a mariner within the meaning of regulation 76 of those regulations, other than an airman or a mariner by or in respect of whom no contributions under the Act were payable by virtue of the provisions of those regulations; or

(h) was at the time of his death in any designated area within the meaning of regulation 11(1) below and his absence from Great Britain immediately before his death was due to his being or having been in prescribed employment within the meaning of that regulation; or

(i) immediately before death was liable or, as the case may be, entitled to pay contributions under the Act and in either of the last two complete tax years before his death he had an earnings factor derived from contributions, either paid or credited, of a relevant class which was not less than 25 times the lower earnings limit; or

(j) immediately before death was the husband, wife or child (to whom the provisions of section 32(2) of the Act are applicable) of a person who, had he then died, would have satisfied the conditions in any one of the foregoing paragraphs, and such husband or wife or child, as the case may be, was then resident with that person, and for this purpose the expression “child of the family” contained in the said section 32(2) shall be deemed to include a child who would be included in that expression but for the provisions of section 20(3) of the Family Allowances Act 1965 (condition of a child's being included in a family that the child is in Great Britain); or

(k) that the deceased immediately before death was ordinarily resident in Great Britain, and the death occurred within a period of 13 weeks from the date when he last left Great Britain.

(2) A person shall not be disqualified for receiving death grant by reason of being absent from Great Britain.