Amendment of the Social Security Benefit (Persons Abroad) Regulations 1975
5.—(1) Regulation 5 (application of disqualification in respect of up-rating of benefit) is amended in accordance with this regulation.
(2) In paragraph (1), for the words from “section 63” to “pensions)” substitute “section 150 (annual up-rating of benefits) or 150A (annual uprating of basic pension etc and standard minimum guarantee) of the Social Security Administration Act 1992”(1).
(3) In paragraph (3)—
(a)in sub-paragraph (a)—
(i)for “woman”, where that word first appears, substitute “person”;
(ii)for “married woman” substitute “married person or a civil partner”; and
(iii)for “her husband” substitute “the other party to the marriage or civil partnership”;
(b)in sub-paragraph (aa)—
(i)for “married woman” substitute “married person or a civil partner”;
(ii)for “her husband” substitute “the other party to the marriage or civil partnership”; and
(iii)for “she was married to him” substitute “they were married to each other or were civil partners of each other”;
(c)after sub-paragraph (b) insert—
“(ba)in the case of a married person or civil partner entitled to a Category B retirement pension under section 48A of the Contributions and Benefits Act (Category B retirement pension for a married person or a civil partner), other than a case that falls within sub-paragraphs (a) to (b), any additional Category B retirement pension where immediately before the appointed date that person’s spouse or civil partner was not ordinarily resident in Great Britain;”.