The Social Security Benefit (Persons Abroad) Amendment (No. 2) Regulations 1994

Regulation 3

SCHEDULE

Regulation 5(8)

SCHEDULE UP-RATING IN RESPECT OF CERTAIN AWARDS MADE BETWEEN 1ST SEPTEMBER 1985 AND 7TH AUGUST 1991

1.   A person referred to in a case set out in column (1) shall not be disqualified by reason of being absent from Great Britain for receiving any additional widow’s benefit or retirement pension which became payable by virtue of an up-rating order which came into force on or before the date referred to in column (3) if—

(a) the award referred to in column (1) was made during the period specified in column (2); and

(b) immediately before 6th August 1994 that person was being paid a widow’s benefit or a retirement pension (as the case may be) at the rate current at the date referred to in column (3).

(1)	(2)	(3)
Case	Period in which award was made	Date after which disqualification to take effect
1.   A woman who was awarded a widow’s benefit	after 30th May 1988 but not later than 19th February 1990	the date on which she became entitled to a widow’s benefit
2.   A woman who had been receiving a Category B retirement pension and was awarded that pension at a higher rate after her husband’s death	after 13th September 1988 but not later than 6th August 1991	the date of her husband’s death
3.   A woman who was first awarded a Category B retirement pension on the death of her husband after she attained the age of 60	after 31st January 1990 but not later than 6th August 1991	the date on which she became entitled to a Category B retirement pension
4.   A man who had been receiving a Category A retirement pension and was awarded a Category B retirement pension after his wife’s death	after 16th November 1986 but not later than 6th August 1991	the date on which he became entitled to a Category B retirement pension
5.   A woman who had been receiving a Category B retirement pension and was awarded a Category A retirement pension	after 1st September 1985 but not later than 6th August 1991	the date on which she became entitled to a Category A retirement pension
6.   A person who	after 16th November 1986 but not later than 6th August 1991	the date on which that person first became entitled to a Category A retirement pensionwas awarded a Category A retirement pension determined by taking into account the contributions of his or her former spouse under regulation 8 of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979(1)

2.   In paragraph 1 “up-rating order” means an order which was made under section 124 of the Act or section 63 of the Social Security Act 1986(2).

(1)

S.I. 1979/642.

(2)

Section 124 was repealed by Schedule 11 to, and replaced by section 63 of, the Social Security Act 1986 (c. 50); section 63 was repealed by Schedule 1 to the Social Security (Consequential Provisions) Act 1992 (c. 6) and re-enacted as sections 150(1) to (10) and 151(3) to (6) of the Social Security Administration Act 1992.