Regulation 4 Modification of the Act in relation to widow's benefit, widowed parent’s allowance, child's special allowance, guardian's allowance and retirement pensionF19

Subject to the provisions of this regulation and of regulation 5 below, a person shall not be disqualified for receiving widow's benefit, F1widowed parent’s allowance, child's special allowance, a guardian's allowanceF2, a retirement pension of any categoryF3, a shared additional pension or graduated retirement benefit by reason of being absent from Great Britain.

In the case of a widow's allowance paragraph (1) above shall apply only where either—

In the case of a widow’s payment, paragraph (1) above shall apply only where—

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

In the case of a Category A retirement pension the F10basic pension of which falls to be increased under the provisions of F11section 51A(2) or 52(2) of the Contributions and Benefits Act (special provision for married people and for surviving spouses), the amount of the increase shall not exceed the sum which would be required to raise the basic pension of that Category A retirement pension to the sum specified in F12section 44(4) of the Contributions and Benefits Act (rate of basic pension of Category A retirement pension) or the weekly rate of Category B retirement pension specified in F13paragraph 5 of Part 1 of Schedule 4 to the Contributions and Benefits Act, as the case may be, current at—

whichever is the later.

Where, in the case of a Category A retirement pension the additional pension of which falls to be increased under the provisions of F15section 52(3) of the Contributions and Benefits Act, the surviving spouse F16or surviving civil partner whose pension falls to be so increased, being over pensionable age at the date of the death of the former spouse F17or former civil partner, is not ordinarily resident in Great Britain, the amount of the increase shall not exceed the sum which would be required to raise the additional pension of that Category A retirement pension to the maximum prescribed by F18regulation 3 of the Social Security (Maximum Additional Pension) Regulations 2010 which would have been appropriate had the former spouse or former civil partner died on—

whichever is the later.