Regulation 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”^f1.

(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;”.

Annotations

Footnotes

f1: 1992 c.5.