{
  "url": "https://openlegislation.uk/social-security-benefit-persons-abroad-amendment-regulations-northern-ireland-2010/note",
  "json_url": "https://openlegislation.uk/social-security-benefit-persons-abroad-amendment-regulations-northern-ireland-2010/note.json",
  "legislation": "nisr/2010/110",
  "legislation_title": "The Social Security Benefit (Persons Abroad) (Amendment) Regulations (Northern Ireland) 2010",
  "legislation_url": "https://openlegislation.uk/social-security-benefit-persons-abroad-amendment-regulations-northern-ireland-2010",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThese Regulations amend the Social Security Benefit (Persons Abroad) Regulations (Northern Ireland) 1978 (“the Persons Abroad Regulations”).\nIn regulation 2—\nparagraph (2) inserts a definition of “the other party” into regulation 1 of the Persons Abroad Regulations. The definition is relevant to the amendment of regulation 5(3) of those Regulations;\nparagraphs (3) and (4)(a) amend regulations 4 and 5 of the Persons Abroad Regulations to update a number of legislative references;\nparagraph (4)(b) amends regulation 5(3) of the Persons Abroad Regulations in consequence of the amendment to section 48A of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 by section 2 of the Pensions Act (Northern Ireland) 2008 which removed the condition that a person is only entitled to a Category B retirement pension under that section once their spouse has become entitled to a Category A retirement pension;\nparagraph (4)(b)(i) and (ii) amends regulation 5(3)(a) and (aa) of the Persons Abroad Regulations to extend those provisions to married men and civil partners. Paragraph (4)(b)(iii) inserts a new sub-paragraph (ba) to provide that, in cases other than those where sub-paragraphs (a) to (b) apply, a person entitled to a Category B retirement pension does not receive any additional benefit payable by virtue of an up-rating order if that person and that person’s spouse or civil partner were not ordinarily resident in Northern Ireland immediately before that order came into operation.\nThese Regulations make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Work and Pensions in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the Social Security Administration (Northern Ireland) Act 1992, are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/2010/110/note",
    "retrieved_at": "2026-10-29T01:27:53.351294+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}