Modification of the Act in relation to widow's benefit, F18widowed parent’s allowance, child's special allowance, guardian's allowance and retirement pension4
1
Subject to the provisions of this regulation and of regulation 5 below, a person shall not be disqualified for receiving widow's benefit, F17widowed parent’s allowance, child's special allowance, a guardian's allowanceF6, a retirement pension of any categoryF7, 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
F32A
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 F11the 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.
F192B
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F23
In the case of a Category A retirement pension the F4basic pension of which falls to be increased under the provisions of F12section 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 F4basic pension of that Category A retirement pension to the sum specified in F13section 44(4) of the Contributions and Benefits Act (rate of F4basic pension of Category A retirement pension) or the weekly rate of Category B retirement pension specified in F14paragraph 5 of Part 1 of Schedule 4 to the Contributions and Benefits Act, as the case may be, current at—
F5a
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.
F24
Where, in the case of a Category A retirement pension the F4additional pension of which falls to be increased under the provisions of F15section 52(3) of the Contributions and Benefits Act, the surviving spouse F8or surviving civil partner whose pension falls to be so increased, being over pensionable age at the date of the death of the former spouse F9or 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 F4additional pension of that Category A retirement pension to the maximum prescribed by F16regulation 3 of the Social Security (Maximum Additional Pension) Regulations 2010 which would have been appropriate had the former spouse F9or former civil partner died on—
a
the date on which the surviving spouse F8or surviving civil partner was last ordinarily resident in Great Britain; or
b
6th April 1979;
whichever is the later.