The Social Security Benefit (Persons Abroad) Regulations 1975

Changes over time for: Section 4

Alternative versions:

01/01/2014- Amendment
01/01/2014
Point in time

Status:

Point in time view as at 01/01/2014.

Status:

This revised version has been created from an electronic version contributed by Westlaw which was originally derived from the printed publication. Read more

Changes to legislation:

There are currently no known outstanding effects for the The Social Security Benefit (Persons Abroad) Regulations 1975, Section 4.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Modification of the Act in relation to widow's benefit, [F1bereavement benefit,] child's special allowance, guardian's allowance and retirement pension

4.—(1) Subject to the provisions of this regulation and of regulation 5 below, a person shall not be disqualified for receiving widow's benefit, [F1bereavement benefit,] child's special allowance, a guardian's allowance[F2, a retirement pension of any category[F3, a shared additional pension] or graduated retirement benefit] by reason of being absent from Great Britain.

(2) In the case of a widow's allowance paragraph (1) above shall apply only where either—

(a)the woman or her late husband was in Great Britain at the time of his death; or

(b)the contribution conditions for widowed mother's allowance and widow's pension set out in paragraph 5 of Schedule 3 to [F4the Contributions and Benefits Act] or in regulation [F56 of the Social Security (Widow's Benefit and Retirement Pensions) Regulations 1979] are satisfied in relation to the woman.

[F6(2A) In the case of a widow’s payment, paragraph (1) above shall apply only where—

(a)the woman or her late husband was in Great Britain at the time of his death; or

(b)Sub-paragraph (a) above does not apply but the woman returned to Great Britain within 4 weeks of her husband’s death; or

(c)the contribution conditions for widowed mother’s allowance and widow’s pension set out in paragraph 5 of Schedule 3 to [F7the Contributions and Benefits Act] or in regulation 6 of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979 are satisfied in relation to the woman.]

[F8(2B) In the case of a bereavement payment, paragraph (1) above shall apply only where—

[F9(a)the deceased spouse [F10or deceased civil partner] or the surviving spouse [F11or surviving civil partner] was in Great Britain at the time of the deceased spouse’s [F12or deceased civil partner's] death;]

(b)sub-paragraph (a) above does not apply but the surviving spouse [F13or surviving civil partner] returned to Great Britain within 4 weeks of the deceased spouse’s [F14or deceased civil partner's] death; or

(c)the contribution conditions for widowed parent’s allowance and bereavement allowance set out in paragraph 5 of Schedule 3 to [F15the Contributions and Benefits Act] or in regulation 6 of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979 are satisfied in relation to the surviving spouse [F16or surviving civil partner].]

[F17(3) In the case of a Category A retirement pension the [F18basic pension] of which falls to be increased under the provisions of [F19section 51A(2) or 52(2) of the Contributions and Benefits Act (special provision for married people and for surviving spouses)], the amount of the increase shall not exceed the sum which would be required to raise the [F18basic pension] of that Category A retirement pension to the sum specified in [F20section 44(4) of the Contributions and Benefits Act] (rate of [F18basic pension] of Category A retirement pension) or the weekly rate of Category B retirement pension specified in [F21paragraph 5 of Part 1 of Schedule 4 to the Contributions and Benefits Act], as the case may be, current at—

[F22(a)the date on which the person whose pension falls to be so increased first became entitled to that pension; or]

(b)the date on which that person was last ordinarily resident in Great Britain;

whichever is the later.]

[F17(4) Where, in the case of a Category A retirement pension the [F18additional pension] of which falls to be increased under the provisions of [F23section 52(3) of the Contributions and Benefits Act], the surviving spouse [F24or surviving civil partner] whose pension falls to be so increased, being over pensionable age at the date of the death of the former spouse [F25or former civil partner], is not ordinarily resident in Great Britain, the amount of the increase shall not exceed the sum which would be required to raise the [F18additional pension] of that Category A retirement pension to the maximum prescribed by [F26regulation 3 of the Social Security (Maximum Additional Pension) Regulations 2010] which would have been appropriate had the former spouse [F25or former civil partner] died on—