# The Social Security Benefit (Persons Abroad) Regulations 1975, 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 pension


(1) Subject to the provisions of this regulation and of regulation 5 below, a person shall not be disqualified for receiving widow's benefit, widowed parent’s allowance, child's special allowance, a guardian's allowance, a retirement pension of any category, a shared additional pension or graduated retirement benefit by reason of being absent from Great Britain.
(2) In the case of a widow's allowance paragraph (1) above shall apply only where either—
(a) the woman or her late husband was in Great Britain at the time of his death; or
(b) the contribution conditions for widowed mother's allowance and widow's pension set out in paragraph 5 of Schedule 3 to the Contributions and Benefits Act or in regulation 6 of the Social Security (Widow's Benefit and Retirement Pensions) Regulations 1979 are satisfied in relation to the woman.
(2A) In the case of a widow’s payment, paragraph (1) above shall apply only where—
(a) the woman or her late husband was in Great Britain at the time of his death; or
(b) Sub-paragraph (a) above does not apply but the woman returned to Great Britain within 4 weeks of her husband’s death; or
(c) the contribution conditions for widowed mother’s allowance and widow’s pension set out in paragraph 5 of Schedule 3 to the Contributions and Benefits Act or in regulation 6 of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979 are satisfied in relation to the woman.
(2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) In the case of a Category A retirement pension the basic pension of which falls to be increased under the provisions of section 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 section 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 paragraph 5 of Part 1 of Schedule 4 to the Contributions and Benefits Act, as the case may be, current at—
(a) the date on which the person whose pension falls to be so increased first became entitled to that pension; or
(b) the date on which that person was last ordinarily resident in Great Britain;
whichever is the later.
(4) Where, in the case of a Category A retirement pension the additional pension of which falls to be increased under the provisions of section 52(3) of the Contributions and Benefits Act, the surviving spouse or surviving civil partner whose pension falls to be so increased, being over pensionable age at the date of the death of the former spouse or 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 regulation 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—
(a) the date on which the surviving spouse or surviving civil partner was last ordinarily resident in Great Britain; or
(b) 6th April 1979;
whichever is the later.

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Source: https://www.legislation.gov.uk/uksi/1975/563/regulation/4 (the official version)
Page: https://openlegislation.uk/social-security-benefit-persons-abroad-regulations-1975/regulation-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.