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

• Citation: S.I. 1994/1832
• Sections: 5

Section 1 Citation, commencement and interpretation

(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 .

Section 2 Amendment of regulation 5 of the principal Regulations

(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).

Section 3 Addition of a Schedule to the principal Regulations

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

Section 1

A person referred to in a case set out in column (1) shall not be disqualified by reason of being absent from Great Britain for receiving any additional widow’s benefit or retirement pension which became payable by virtue of an up-rating order which came into force on or before the date referred to in column (3) if—

(a) the award referred to in column (1) was made during the period specified in column (2); and

(b) immediately before 6th August 1994 that person was being paid a widow’s benefit or a retirement pension (as the case may be) at the rate current at the date referred to in column (3).

(1) A woman who was awarded a widow’s benefit

(2) A woman who had been receiving a Category B retirement pension and was awarded that pension at a higher rate after her husband’s death

(3) A woman who was first awarded a Category B retirement pension on the death of her husband after she attained the age of 60

(4) A man who had been receiving a Category A retirement pension and was awarded a Category B retirement pension after his wife’s death

(5) A woman who had been receiving a Category B retirement pension and was awarded a Category A retirement pension

(6) A person who

Section 2

In paragraph 1 “up-rating order” means an order which was made under section 124 of the Act or section 63 of the Social Security Act 1986 .