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Paragraph 5 Social Security Benefit (Persons Abroad) Regulations 1975

(1)

Amend the Social Security Benefit (Persons Abroad) Regulations 1975 M1 as follows.

(2)

In regulation 2 (modification of the Act in relation to incapacity benefit, severe disablement allowance, unemployability supplement and maternity allowance) M2, in paragraph (5)(b) M3 after “spouse,” insert “ civil partner, ”.

(3)

In regulation 4 (modification of the Act in relation to widow's benefit, bereavement benefit, child's special allowance, guardian's allowance and retirement pension) M4—

(a)

in paragraph (2B) M5—

(i)

in sub-paragraph (a)—

(aa)

after “deceased spouse” insert “ or deceased civil partner ”;

(bb)

after “surviving spouse” insert “ or surviving civil partner ”;

(cc)

after “deceased spouse's” insert “ or deceased civil partner's ”;

(ii)

in sub-paragraph (b)—

(aa)

after “surviving spouse” insert “ or surviving civil partner ”;

(bb)

after “deceased spouse's” insert “ or deceased civil partner's ”;

(iii)

in sub-paragraph (c), after “surviving spouse” insert “ or surviving civil partner ”;

(b)

in paragraph (4) M6—

(i)

after “surviving spouse” (in each place) insert “ or surviving civil partner ”;

(ii)

after “former spouse” (in each place) insert “ or former civil partner ”.

(4)

In regulation 5 (application of disqualification in respect of up-rating of benefit)—

(a)

in paragraph (3)—

(i)

in sub-paragraph (b) M7—

(aa)

for “a widow or a widower” substitute “ a widow, a widower or a surviving civil partner ”;

(bb)

after “former spouse” insert “ or former civil partner ”;

(ii)

in sub-paragraph (d) M8 after “deceased spouse” insert “ or deceased civil partner ”;

(b)

in paragraph (6) M9 after “former spouse” (in each place) insert “ or former civil partner ”;

(c)

in paragraph (7) M10—

(i)

after “spouse” (in each place) insert “ or civil partner ”;

(ii)

after “were husband and wife” insert “ or were civil partners ”;

(iii)

after “became husband and wife” insert “ or formed a civil partnership ”.

(5)

In regulation 13 (modification of the Act in relation to a dependant)—

(a)

after “A husband or wife” insert “ or civil partner ”;

(b)

after “spouse” (in each place) insert “ or civil partner ”;

(c)

after “spouse's” insert “ or civil partner's ”;

(d)

for “the husband or wife” substitute “ the husband, wife or civil partner ”.

Annotations

Marginal citations

M1

S.I. 1975/563.

M2

The heading to regulation 2 was substituted by S.I. 1994/268 and amended by S.I. 1995/829.

M3

Paragraph (5) was inserted by S.I. 1994/268 and amended by S.I. 1995/829.

M4

The heading to regulation 4 was amended by S.I. 2000/2876.

M5

Paragraph (2B) was inserted by S.I. 2000/2876, and sub-paragraph (a) was substituted by S.I. 2001/2618.

M6

Paragraph (4) was inserted by S.I. 1979/1432.

M7

Sub-paragraph (b) was substituted by S.I. 1979/1432.

M8

Sub-paragraph (d) was amended by S.I. 1989/1642 and S.I. 2000/2876.

M9

Paragraph (6) was substituted by S.I. 1979/1432 and amended by S.I. 1989/1642 and S.I. 1994/1832.

M10

Paragraph (7) was substituted by S.I. 1979/1432 and amended by S.I. 1989/1642.