The Social Security Benefit (Persons Abroad) (Amendment) Regulations 2010

• Citation: S.I. 2010/788
• Sections: 5

Section 1 Citation and commencement

These Regulations may be cited as the Social Security Benefit (Persons Abroad) (Amendment) Regulations 2010 and shall come into force on 6th April 2010.

Section 2 Amendment of the Social Security Benefit (Persons Abroad) Regulations 1975

The Social Security Benefit (Persons Abroad) Regulations 1975 are amended as follows.

Section 3 Amendment of the Social Security Benefit (Persons Abroad) Regulations 1975

In Regulation 1(2) (citation, commencement and interpretation)—

(a) remove the definition of “her husband”;

(b) after the definition of “the Industrial Injuries Employment Regulations” insert the definition,

“the other party” in the case of a person who has been married or been in a civil partnership more than once, refers to the person by virtue of whose contributions that person is entitled to the benefit in question;

Section 4 Amendment of the Social Security Benefit (Persons Abroad) Regulations 1975

(1) Regulation 4 (modification of the Act in relation to widow’s benefit, bereavement benefit, child’s special allowance, guardian’s allowance and retirement pension) is amended in accordance with this regulation.

(2) In paragraphs (2)(b), (2A)(c) and (2B)(c), for “the Act” substitute “the Contributions and Benefits Act”.

(3) In paragraph (3)—

(a) for the words from “section 9(2)” to “married women)” substitute “section 51A(2) or 52(2) of the Contributions and Benefits Act (special provision for married people and for surviving spouses)”;

(b) for “section 6(1)(a) of the Social Security Pensions Act 1975” substitute “section 44(4) of the Contributions and Benefits Act”; and

(c) for “paragraph 9 of Part 1 of Schedule 4 to the Act” substitute “paragraph 5 of Part 1 of Schedule 4 to the Contributions and Benefits Act”.

(4) In paragraph (4)—

(a) for “section 9(3) of the Social Security Pensions Act 1975” substitute “section 52(3) of the Contributions and Benefits Act”; and

(b) for the words from “regulation 2” to “Regulations 1979” substitute “regulation 3 of the Social Security (Maximum Additional Pension) Regulations 2010” .

Section 5 Amendment of the Social Security Benefit (Persons Abroad) Regulations 1975

(1) Regulation 5 (application of disqualification in respect of up-rating of benefit) is amended in accordance with this regulation.

(2) In paragraph (1), for the words from “section 63” to “pensions)” substitute “section 150 (annual up-rating of benefits) or 150A (annual uprating of basic pension etc and standard minimum guarantee) of the Social Security Administration Act 1992” .

(3) In paragraph (3)—

(a) in sub-paragraph (a)—

(i) for “woman”, where that word first appears, substitute “person”;

(ii) for “married woman” substitute “married person or a civil partner”; and

(iii) for “her husband” substitute “the other party to the marriage or civil partnership”;

(b) in sub-paragraph (aa)—

(i) for “married woman” substitute “married person or a civil partner”;

(ii) for “her husband” substitute “the other party to the marriage or civil partnership”; and

(iii) for “she was married to him” substitute “they were married to each other or were civil partners of each other”;

(c) after sub-paragraph (b) insert—

(ba) in the case of a married person or civil partner entitled to a Category B retirement pension under section 48A of the Contributions and Benefits Act (Category B retirement pension for a married person or a civil partner), other than a case that falls within sub-paragraphs (a) to (b), any additional Category B retirement pension where immediately before the appointed date that person’s spouse or civil partner was not ordinarily resident in Great Britain;