The Social Security Benefit (Persons Abroad) Amendment (No. 2) Regulations 1979

Amendment of regulation 5 of the principal regulations

3.—(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.”.