Search Legislation

Advanced Search

The Social Security Benefit (Persons Abroad) Regulations 1975

Status:

Point in time view as at 07/04/2014. This version of this provision has been superseded. Help about Status

Close

Status

You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.

Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.

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 5. Help about Changes to Legislation

Close

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.

Application of disqualification in respect of up-rating of benefit

5.—(1) Where regulations made in consequence of an order under [F1section 150 (annual up-rating of benefits) or 150A (annual uprating of basic pension etc and standard minimum guarantee) of the Social Security Administration Act 1992] provide for the application of this regulation to any additional benefit becoming payable by virtue of that order, the following provisions of this regulation shall, subject to regulation 12 below and the provisions of those regulations, have effect in relation to the entitlement to that benefit of persons absent from Great Britain.

(2) In this regulation [F2and in regulation 5A]—

(a)references to additional benefit of any description are to be construed as referring to additional benefit of that description which is, or but for this regulation would be, payable by virtue (either directly or indirectly) of the said order; and

(b)“the appointed date” means the date appointed for the coming into force of the said order.

(3) [F3Subject to paragraph (8) and the Schedule below,] where a person is not ordinarily resident in Great Britain immediately before the appointed date the provisions of these regulations (except this regulation) shall not, unless and until he becomes ordinarily resident in Great Britain, affect his disqualification while he is absent from Great Britain for receiving—

(a)in the case of a [F4person] who immediately before the appointed date was a [F5married person or a civil partner] and [F6was not entitled to a Category B retirement pension], any additional Category B retirement pension, if immediately before that date [F7the other party to the marriage or civil partnership] [F6was entitled to a Category A retirement pension] and was not ordinarily resident in Great Britain;

[F8(aa)in the case of a [F9married person or a civil partner], any additional Category B retirement pension if immediately before the appointed date [F10the other party to the marriage or civil partnership] was entitled to a Category A retirement pension and was not ordinarily resident in Great Britain (whether or not [F11they were married to each other or were civil partners of each other] immediately before that date);]

[F12(b)in the case of a person who immediately before the appointed date is [F13a widow, a widower or a surviving civil partner], any additional Category B retirement pension, if the former spouse [F14or former civil partner] had died before the appointed date;]

[F15(ba)in the case of a married person or civil partner entitled to a Category B retirement pension under section 48A of the Contributions and Benefits Act (Category B retirement pension for a married person or a civil partner), other than a case that falls within sub-paragraphs (a) to (b), any additional Category B retirement pension where immediately before the appointed date that person’s spouse or civil partner was not ordinarily resident in Great Britain;]

(c)in any other case, any additional retirement pension of any category[F16, any additional shared additional pension] [F17or any additional graduated retirement benefit], if that person had F18... become entitled to a retirement pension[F19, a shared additional pension] [F20or to graduated retirement benefit] before the appointed date;

(d)any additional widow's benefit [F21or bereavement benefit if the deceased spouse] [F22or deceased civil partner] [F23had become entitled to a Category A retirement pension or had] died before the appointed date;

(e)any additional child's special allowance if her former husband had died before the appointed date.

[F24(f)any additional guardian's allowance in respect of a child if he were entitled to that allowance in respect of that child before the appointed date.]

F25(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) The provisions of these regulations shall not affect the disqualification while absent from Great Britain of a widow who—

(a)is not ordinarily resident in Great Britain immediately before the appointed date, and was entitled to widow's benefit immediately before attaining pensionable age, or would, but for any provision of the Act disqualifying her for the receipt of such benefit, have been so entitled; and

(b)is or becomes entitled to a Category A retirement pension the right to which is determined by taking into account under [F26regulation 8 of the Social Security (Widow's Benefit and Retirement Pensions) Regulations 1979] her husband's contributions;

for receiving any additional Category A retirement pension the right to which is so determined unless and until she becomes ordinarily resident in Great Britain if—

(i)before the appointed date her husband [F27was entitled to a Category A retirement pension] and was not ordinarily resident in Great Britain; or

(ii)he died before the appointed date.

[F28(6) [F29Subject to paragraph (8) and the Schedule below,] the provisions of these regulations shall not affect the disqualification while absent from Great Britain of a person referred to in regulation 8 of the Social Security (Widow's Benefit and Retirement Pensions) Regulations 1979, being any such person other than a widow, who—

(a)is not ordinarily resident in Great Britain immediately before the appointed date; and

(b)is or becomes entitled to a Category A retirement pension the right to which is determined by taking into account under regulation 8 of the Social Security (Widow's Benefit and Retirement Pensions) Regulations 1979 the contributions of that person's former spouse [F30or former civil partner];

for receiving any additional Category A retirement pension the right to which is so determined unless and until that person becomes ordinarily resident in Great Britain if—

(i)before the appointed date the former spouse [F30or former civil partner] [F31was entitled to a Category A retirement pension] and was not ordinarily resident in Great Britain; or

(ii)the former spouse [F30or former civil partner] died before the appointed date.]

[F32(7) Paragraph (3)(c) of this regulation shall not apply to a person in relation to a Category B retirement pension if that person's spouse [F33or civil partner] [F34was not entitled to a Category A retirement pension] before the appointed date and either that person and that person's spouse [F33or civil partner]—

(i)were husband and wife [F35or were civil partners] immediately before that date; or

(ii)became husband and wife [F36or formed a civil partnership] on or after that date.]

[F37(8) The Schedule below shall have effect in relation to the disqualification of persons for receiving additional benefit in the circumstances specified in that Schedule (being certain cases in which a person was awarded a widow’s benefit or a retirement pension or a higher rate of retirement pension between 1st September 1985 and 7th August 1991).]

Textual Amendments

F17Words in reg. 5(3)(c) inserted (5.8.1992) by The Social Security Benefit (Persons Abroad) Amendment Regulations 1992 (S.I. 1992/1700), regs. 1(1), 3(a)

Modifications etc. (not altering text)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources