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The Social Security Benefit (Persons Abroad) Amendment (No. 2) Regulations 1994

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Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security Benefit (Persons Abroad) Amendment (No. 2) Regulations 1994 and shall come into force on 6th August 1994.

(2) In these Regulations “the principal Regulations” means the Social Security Benefit (Persons Abroad) Regulations 1975(1).

Amendment of regulation 5 of the principal Regulations

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

(2) At the beginning of paragraphs (3) and (6) there shall be inserted the words “Subject to paragraph (8) and the Schedule below,”.

(3) After sub-paragraph (3)(a) there shall be inserted the following sub-paragraph—

(aa)in the case of a married woman, any additional Category B retirement pension if immediately before the appointed date her husband was entitled to a Category A retirement pension and was not ordinarily resident in Great Britain (whether or not she was married to him immediately before that date);.

(4) After paragraph (7) there shall be added the following paragraph—

(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)..

Addition of a Schedule to the principal Regulations

3.  To the principal Regulations there shall be added the Schedule set out in the Schedule to these Regulations.

Signed by authority of the Secretary of State for Social Security.

William Hague

Parliamentary Under-Secretary of State,

Department of Social Security

11th July 1994

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