Amendment of regulation 5 of the principal regulations3

1

Regulation 5 of the principal regulations (application of disqualification in respect of up-rating of benefit) shall be amended in accordance with the provisions of this regulation.

2

In paragraph (1) for the words “section 124 of the Act (up-rating of benefits)” there shall be substituted the words “section 124 or section 126A of the Act (up-rating of benefits and increments in guaranteed minimum pensions) as the case may be”.

3

For paragraph (3)(b) there shall be substituted the following:—

b

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

4

In paragraph (5)(b) for the words “section 28(3) of the Act” there shall be substituted the words “regulation 8 of the Social Security (Widow's Benefit and Retirement Pensions) Regulations 1979”.

5

For paragraph (6) there shall be substituted the following:—

6

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;

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 had retired from regular employment and was not ordinarily resident in Great Britain; or

ii

the former spouse died before the appointed date.

6

For paragraph (7) there shall be substituted the following:—

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 had not retired before the appointed date and either that person and that person's spouse—

i

were husband and wife immediately before that date; or

ii

became husband and wife on or after that date.