The Social Security Benefit (Persons Abroad) Regulations 1975

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 [F22widowed parent’s allowance] if the deceased spouse] [F23or deceased civil partner] [F24had 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.

[F25(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.]

F26(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 [F27regulation 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 [F28was entitled to a Category A retirement pension] and was not ordinarily resident in Great Britain; or

(ii)he died before the appointed date.

[F29(6) [F30Subject 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 [F31or 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 [F31or former civil partner] [F32was entitled to a Category A retirement pension] and was not ordinarily resident in Great Britain; or

(ii)the former spouse [F31or former civil partner] died before the appointed date.]

[F33(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 [F34or civil partner] [F35was not entitled to a Category A retirement pension] before the appointed date and either that person and that person's spouse [F34or civil partner]—

(i)were husband and wife [F36or were civil partners] immediately before that date; or

(ii)became husband and wife [F37or formed a civil partnership] on or after that date.]

[F38(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)

F22Words in reg. 5(3)(d) substituted (coming into force in accordance with art. 1-3 of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 5(5)

Modifications etc. (not altering text)