The Social Security Benefit (Persons Abroad) Regulations (Northern Ireland) 1978

Application of disqualification in respect of up-rating of benefit

5.—(1) Where regulations made in consequence of an order under section 120 of the Act (up-rating of benefits) 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 13 below and the provisions of those regulations, have effect in relation to the entitlement to that benefit of persons absent from Northern Ireland.

(2) In this regulation—

(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) Where a person is not ordinarily resident in Northern Ireland immediately before the appointed date the provisions of these regulations (except this regulation) shall not, unless and until he becomes ordinarily resident in Northern Ireland, affect his disqualification while he is absent from Northern Ireland for receiving—

(a)in the case of a woman who immediately before the appointed date was a married woman and had not retired, any additional Category B retirement pension, if immediately before that date her husband had retired and was not ordinarily resident in Northern Ireland;

(b)in the case of a woman who immediately before the appointed date is a widow, any additional Category B retirement pension, if her husband had died before the appointed date;

(c)in any other case, any additional retirement pension of any category, if that person had retired or had otherwise become entitled to a retirement pension before the appointed date;

(d)any additional widow's benefit if her husband had retired or died before the appointed date;

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

(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.

(4) The provisions of these regulations shall not affect the disqualification while absent from Northern Ireland of a widow who—

(a)is not ordinarily resident in Northern Ireland 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 section 28(3) of the Act 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 Northern Ireland if—

(i)before the appointed date her husband had retired from regular employment and was not ordinarily resident in Northern Ireland; or

(ii)he died before the appointed date.

(5) Paragraph (3)(c) of this regulation shall not apply to a woman in relation to a Category B retirement pension if her husband had not retired before the appointed date and either—

(i)he was her husband immediately before that date; or

(ii)she married him on or after that date.

(6) Notwithstanding that in regulations made under section 33 of the Act (partial satisfaction of contribution conditions) the reduced rate of benefit is shown as a percentage of the standard rate, a person who immediately before the appointed date is not ordinarily resident in Northern Ireland shall, while absent from Northern Ireland, receive benefit at the same rate as previously, that is to say, the amount appropriate to that person when he was last ordinarily resident in Northern Ireland, or when he became entitled to the benefit in question, if later.