Application of disqualification in respect of up-rating of benefitC1C25

1

Where regulations made in consequence of an order under F30section 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 F13and 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

F16Subject 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 F31person who immediately before the appointed date was a F32married person or a civil partner and F7was not entitled to a Category B retirement pension, any additional Category B retirement pension, if immediately before that date F33the other party to the marriage or civil partnershipF7was entitled to a Category A retirement pension and was not ordinarily resident in Great Britain;

F18aa

in the case of a F34married person or a civil partner, any additional Category B retirement pension if immediately before the appointed date F35the 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 F36they were married to each other or were civil partners of each other immediately before that date);

F3b

in the case of a person who immediately before the appointed date is F23a widow, a widower or a surviving civil partner, any additional Category B retirement pension, if the former spouse F24or former civil partner had died before the appointed date;

F37ba

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 categoryF21, any additional shared additional pensionF14or any additional graduated retirement benefit, if that person had F8... become entitled to a retirement pensionF22, a shared additional pensionF15or to graduated retirement benefit before the appointed date;

d

any additional widow's benefit F20or bereavement benefit if the deceased spouseF25or deceased civil partnerF9had 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.

F1f

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.

F24

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 F4regulation 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 F10was entitled to a Category A retirement pension and was not ordinarily resident in Great Britain; or

ii

he died before the appointed date.

F56

F17Subject 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 F26or 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 F26or former civil partnerF11was entitled to a Category A retirement pension and was not ordinarily resident in Great Britain; or

ii

the former spouse F26or former civil partner died before the appointed date.

F67

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 F27or civil partnerF12was not entitled to a Category A retirement pension before the appointed date and either that person and that person's spouse F27or civil partner—

i

were husband and wife F28or were civil partners immediately before that date; or

ii

became husband and wife F29or formed a civil partnership on or after that date.

F198

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).