# The Social Security Benefit (Persons Abroad) (Amendment) Regulations 2010, 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”.
(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;”.

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Source: https://www.legislation.gov.uk/uksi/2010/788/regulation/5 (the official version)
Page: https://openlegislation.uk/social-security-benefit-persons-abroad-amendment-regulations-2010/regulation-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.