The Social Security (Abolition of Earnings Rule) (Consequential) Regulations 1989

Amendment of the Social Security Benefit (Persons Abroad) Regulations 1975

8.—(1) The Social Security Benefit (Persons Abroad) Regulations 1975(1) shall be amended in accordance with the following provisions of this regulation.

(2) In regulation 4(3)(2) for sub-paragraph (a) there shall be substituted the following sub-paragraph–

“(a) the date on which the person whose pension falls to be so increased first became entitled to that pension; or”.

(3) In regulation 5 (application of disqualification in respect of up-rating of benefit)–

(a) in paragraph (3)–

(i) in sub-paragraph (a) the words “was not entitled to a Category B retirement pension” shall be substituted for the words “had not retired”, and the words “was entitled to a Category A retirement pension” shall be substituted for the words “had retired”;

(ii) in sub-paragraph (c), the words “retired or had otherwise” shall be omitted; and

(iii) in sub-paragraph (d), the words “had become entitled to a Category A retirement pension or had” shall be substituted for the words “had retired or”;

(b) in paragraph (5)(i) the words “was entitled to a Category A retirement pension” shall be substituted for the words “had retired from regular employment”;

(c) in paragraph (6)(i) the words “was entitled to a Category A retirement pension” shall be substituted for the words “had retired from regular employment”; and

(d) in paragraph (7) the words “was not entitled to a Category A retirement pension” shall be substituted for the words “had not retired”.

(4) In regulation 6 (modification of right to defer entitlement to a Category A or Category B retirement pension) the words “(election to be treated as not having retired)” shall be omitted.

(1)

S.I. 1975/563.

(2)

Paragraph (3) of regulation 4 was inserted by regulation 2(b) of S.I. 1979/1432; see also section 18(1) of the Social Security Act 1986.