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—
(a)the date on which the surviving spouse [F24or surviving civil partner] was last ordinarily resident in Great Britain; or
(b)6th April 1979;
whichever is the later.]
Textual Amendments
F1Words in reg. 4(1) and heading inserted (9.4.2001) by The Welfare Reform and Pensions (Persons Abroad: Benefits for Widows and Widowers) (Consequential Amendments) Regulations 2000 (S.I. 2000/2876), regs. 1, 2(3)(a)
F2Words in reg. 4(1) substituted (5.8.1992) by The Social Security Benefit (Persons Abroad) Amendment Regulations 1992 (S.I. 1992/1700), regs. 1(1), 2
F3Words in reg. 4(1) inserted (6.7.2005) by The Social Security (Shared Additional Pension) (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/1551), regs. 1(1)(a), 4(3) (with reg. 10)
F4Words in reg. 4(2)(b) substituted (6.4.2010) by The Social Security Benefit (Persons Abroad) (Amendment) Regulations 2010 (S.I. 2010/788), regs. 1, 4(2)
F5Words in reg. 4(2)(b) substituted (10.11.1979) by The Social Security Benefit (Persons Abroad) Amendment (No. 2) Regulations 1979 (S.I. 1979/1432), regs. 1, 2(a)
F6Reg. 4(2A) inserted (11.4.1988) by The Social Security Benefit (Persons Abroad) Amendment Regulations 1988 (S.I. 1988/435), regs. 1(1), 2
F7Words in reg. 4(2A)(c) substituted (6.4.2010) by The Social Security Benefit (Persons Abroad) (Amendment) Regulations 2010 (S.I. 2010/788), regs. 1, 4(2)
F8Reg. 4(2B) added (9.4.2001) by The Welfare Reform and Pensions (Persons Abroad: Benefits for Widows and Widowers) (Consequential Amendments) Regulations 2000 (S.I. 2000/2876), regs. 1, 2(3)(b)
F9Reg. 4(2B)(a) substituted (20.8.2001) by The Welfare Reform and Pensions (Persons Abroad: Benefits for Widows and Widowers) (Consequential Amendments) Regulations 2001 (S.I. 2001/2618), regs. 1, 2(3)
F10Words in reg. 4(2B)(a) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 5(3)(a)(i), (aa) (with art. 3)
F11Words in reg. 4(2B)(a) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 5(3)(a)(i), (bb) (with art. 3)
F12Words in reg. 4(2B)(a) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 5(3)(a)(i), (cc) (with art. 3)
F13Words in reg. 4(2B)(b) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 5(3)(a)(ii), (aa) (with art. 3)
F14Words in reg. 4(2B)(b) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 5(3)(a)(ii), (bb) (with art. 3)
F15Words in reg. 4(2B)(c) substituted (6.4.2010) by The Social Security Benefit (Persons Abroad) (Amendment) Regulations 2010 (S.I. 2010/788), regs. 1, 4(2)
F16Words in reg. 4(2B)(c) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 5(3)(a)(iii) (with art. 3)
F17Reg. 4(3)(4) inserted (10.11.1979) by The Social Security Benefit (Persons Abroad) Amendment (No. 2) Regulations 1979 (S.I. 1979/1432), regs. 1, 2(b)
F18Words in reg. 4(3)(4) substituted (6.4.1987) by The Social Security Act 1986 (c. 50), s. 18(1) (as amended (6.4.1987) by S.I. 1987/354, arts. 2(2), Sch 1)
F19Words in reg. 4(3) substituted (6.4.2010) by The Social Security Benefit (Persons Abroad) (Amendment) Regulations 2010 (S.I. 2010/788), regs. 1, 4(3)(a)
F20Words in reg. 4(3) substituted (6.4.2010) by The Social Security Benefit (Persons Abroad) (Amendment) Regulations 2010 (S.I. 2010/788), regs. 1, 4(3)(b)
F21Words in reg. 4(3) substituted (6.4.2010) by The Social Security Benefit (Persons Abroad) (Amendment) Regulations 2010 (S.I. 2010/788), regs. 1, 4(3)(c)
F22Reg. 4(3)(a) substituted (1.10.1989) by The Social Security (Abolition of Earnings Rule) (Consequential) Regulations 1989 (S.I. 1989/1642), regs. 1, 8(2)
F23Words in reg. 4(4) substituted (6.4.2010) by The Social Security Benefit (Persons Abroad) (Amendment) Regulations 2010 (S.I. 2010/788), regs. 1, 4(4)(a)
F24Words in reg. 4(4) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 5(3)(b)(i) (with art. 3)
F25Words in reg. 4(4) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 5(3)(b)(ii) (with art. 3)
F26Words in reg. 4(4) substituted (6.4.2010) by The Social Security Benefit (Persons Abroad) (Amendment) Regulations 2010 (S.I. 2010/788), regs. 1, 4(4)(b)