The Social Security Benefit (Persons Abroad) Regulations 1975 No. 563

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—