{
  "url": "https://openlegislation.uk/social-security-benefit-persons-abroad-regulations-1975/regulation-5",
  "json_url": "https://openlegislation.uk/social-security-benefit-persons-abroad-regulations-1975/regulation-5.json",
  "legislation": "uksi/1975/563",
  "legislation_title": "The Social Security Benefit (Persons Abroad) Regulations 1975",
  "legislation_url": "https://openlegislation.uk/social-security-benefit-persons-abroad-regulations-1975",
  "path": "regulation/5",
  "kind": "regulation",
  "number": "5",
  "heading": "Application of disqualification in respect of up-rating of benefit",
  "text": "(1) Where regulations made in consequence of an order under 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 provide for the application of this regulation to any additional benefit becoming payable by virtue of that order, the following provisions of this regulation shall, subject to regulation 12 below and the provisions of those regulations, have effect in relation to the entitlement to that benefit of persons absent from Great Britain.\n(2) In this regulation and in regulation 5A—\n(a) references to additional benefit of any description are to be construed as referring to additional benefit of that description which is, or but for this regulation would be, payable by virtue (either directly or indirectly) of the said order; and\n(b) “the appointed date” means the date appointed for the coming into force of the said order.\n(3) Subject to paragraph (8) and the Schedule below, where a person is not ordinarily resident in Great Britain immediately before the appointed date the provisions of these regulations (except this regulation) shall not, unless and until he becomes ordinarily resident in Great Britain, affect his disqualification while he is absent from Great Britain for receiving—\n(a) in the case of a person who immediately before the appointed date was a married person or a civil partner and was not entitled to a Category B retirement pension, any additional Category B retirement pension, if immediately before that date the other party to the marriage or civil partnership was entitled to a Category A retirement pension and was not ordinarily resident in Great Britain;\n(aa) in the case of a married person or a civil partner, any additional Category B retirement pension if immediately before the appointed date the other party to the marriage or civil partnership was entitled to a Category A retirement pension and was not ordinarily resident in Great Britain (whether or not they were married to each other or were civil partners of each other immediately before that date);\n(b) in the case of a person who immediately before the appointed date is a widow, a widower or a surviving civil partner, any additional Category B retirement pension, if the former spouse or former civil partner had died before the appointed date;\n(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;\n(c) in any other case, any additional retirement pension of any category, any additional shared additional pension or any additional graduated retirement benefit, if that person had ... become entitled to a retirement pension, a shared additional pension or to graduated retirement benefit before the appointed date;\n(d) any additional widow's benefit or widowed parent’s allowance if the deceased spouse or deceased civil partner had become entitled to a Category A retirement pension or had died before the appointed date;\n(e) any additional child's special allowance if her former husband had died before the appointed date.\n(f) any additional guardian's allowance in respect of a child if he were entitled to that allowance in respect of that child before the appointed date.\n(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(5) The provisions of these regulations shall not affect the disqualification while absent from Great Britain of a widow who—\n(a) is not ordinarily resident in Great Britain immediately before the appointed date, and was entitled to widow's benefit immediately before attaining pensionable age, or would, but for any provision of the Act disqualifying her for the receipt of such benefit, have been so entitled; and\n(b) is or becomes entitled to a Category A retirement pension the right to which is determined by taking into account under regulation 8 of the Social Security (Widow's Benefit and Retirement Pensions) Regulations 1979 her husband's contributions;\nfor receiving any additional Category A retirement pension the right to which is so determined unless and until she becomes ordinarily resident in Great Britain if—\n(i) before the appointed date her husband was entitled to a Category A retirement pension and was not ordinarily resident in Great Britain; or\n(ii) he died before the appointed date.\n(6) Subject to paragraph (8) and the Schedule below, the provisions of these regulations shall not affect the disqualification while absent from Great Britain of a person referred to in regulation 8 of the Social Security (Widow's Benefit and Retirement Pensions) Regulations 1979, being any such person other than a widow, who—\n(a) is not ordinarily resident in Great Britain immediately before the appointed date; and\n(b) is or becomes entitled to a Category A retirement pension the right to which is determined by taking into account under regulation 8 of the Social Security (Widow's Benefit and Retirement Pensions) Regulations 1979 the contributions of that person's former spouse or former civil partner;\nfor receiving any additional Category A retirement pension the right to which is so determined unless and until that person becomes ordinarily resident in Great Britain if—\n(i) before the appointed date the former spouse or former civil partner was entitled to a Category A retirement pension and was not ordinarily resident in Great Britain; or\n(ii) the former spouse or former civil partner died before the appointed date.\n(7) Paragraph (3)(c) of this regulation shall not apply to a person in relation to a Category B retirement pension if that person's spouse or civil partner was not entitled to a Category A retirement pension before the appointed date and either that person and that person's spouse or civil partner—\n(i) were husband and wife or were civil partners immediately before that date; or\n(ii) became husband and wife or formed a civil partnership on or after that date.\n(8) The Schedule below shall have effect in relation to the disqualification of persons for receiving additional benefit in the circumstances specified in that Schedule (being certain cases in which a person was awarded a widow’s benefit or a retirement pension or a higher rate of retirement pension between 1st September 1985 and 7th August 1991).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in reg. 5(1) substituted (6.4.2010) by The Social Security Benefit (Persons Abroad) (Amendment) Regulations 2010 (S.I. 2010/788), regs. 1, 5(2)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in reg. 5(2) inserted (6.4.1990) by The Social Security Benefit (Persons Abroad) Amendment (No. 2) Regulations 1990 (S.I. 1990/621), regs. 1, 2(3)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in reg. 5(3) inserted (6.8.1994) by The Social Security Benefit (Persons Abroad) Amendment (No. 2) Regulations 1994 (S.I. 1994/1832), regs. 1(1), 2(2)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Word in reg. 5(3)(a) substituted (6.4.2010) by The Social Security Benefit (Persons Abroad) (Amendment) Regulations 2010 (S.I. 2010/788), regs. 1, 5(3)(a)(i)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Words in reg. 5(3)(a) substituted (6.4.2010) by The Social Security Benefit (Persons Abroad) (Amendment) Regulations 2010 (S.I. 2010/788), regs. 1, 5(3)(a)(ii)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Words in reg. 5(3)(a) substituted (1.10.1989) by The Social Security (Abolition of Earnings Rule) (Consequential) Regulations 1989 (S.I. 1989/1642), regs. 1, 8(3)(a)(i)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Words in reg. 5(3)(a) substituted (6.4.2010) by The Social Security Benefit (Persons Abroad) (Amendment) Regulations 2010 (S.I. 2010/788), regs. 1, 5(3)(a)(iii)"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Reg. 5(3)(aa) inserted (6.8.1994) by The Social Security Benefit (Persons Abroad) Amendment (No. 2) Regulations 1994 (S.I. 1994/1832), regs. 1(1), 2(3)"
    },
    {
      "type": "F",
      "label": "F9",
      "text": "Words in reg. 5(3)(aa) substituted (6.4.2010) by The Social Security Benefit (Persons Abroad) (Amendment) Regulations 2010 (S.I. 2010/788), regs. 1, 5(3)(b)(i)"
    },
    {
      "type": "F",
      "label": "F10",
      "text": "Words in reg. 5(3)(aa) substituted (6.4.2010) by The Social Security Benefit (Persons Abroad) (Amendment) Regulations 2010 (S.I. 2010/788), regs. 1, 5(3)(b)(ii)"
    },
    {
      "type": "F",
      "label": "F11",
      "text": "Words in reg. 5(3)(aa) substituted (6.4.2010) by The Social Security Benefit (Persons Abroad) (Amendment) Regulations 2010 (S.I. 2010/788), regs. 1, 5(3)(b)(iii)"
    },
    {
      "type": "F",
      "label": "F12",
      "text": "Reg. 5(3)(b) substituted (10.11.1979) by The Social Security Benefit (Persons Abroad) Amendment (No. 2) Regulations 1979 (S.I. 1979/1432), regs. 1, 3(3)"
    },
    {
      "type": "F",
      "label": "F13",
      "text": "Words in reg. 5(3)(b) substituted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 5(4)(a)(i), (aa) (with art. 3)"
    },
    {
      "type": "F",
      "label": "F14",
      "text": "Words in reg. 5(3)(b) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 5(4)(a)(i), (bb) (with art. 3)"
    },
    {
      "type": "F",
      "label": "F15",
      "text": "Reg. 5(3)(ba) inserted (6.4.2010) by The Social Security Benefit (Persons Abroad) (Amendment) Regulations 2010 (S.I. 2010/788), regs. 1, 5(3)(c)"
    },
    {
      "type": "F",
      "label": "F16",
      "text": "Words in reg. 5(3)(c) inserted (6.7.2005) by The Social Security (Shared Additional Pension) (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/1551), regs. 1(1)(a), 4(4)(a) (with reg. 10)"
    },
    {
      "type": "F",
      "label": "F17",
      "text": "Words in reg. 5(3)(c) inserted (5.8.1992) by The Social Security Benefit (Persons Abroad) Amendment Regulations 1992 (S.I. 1992/1700), regs. 1(1), 3(a)"
    },
    {
      "type": "F",
      "label": "F18",
      "text": "Words in reg. 5(3)(c) omitted (1.10.1989) by virtue of The Social Security (Abolition of Earnings Rule) (Consequential) Regulations 1989 (S.I. 1989/1642), regs. 1, 8(3)(a)(ii)"
    },
    {
      "type": "F",
      "label": "F19",
      "text": "Words in reg. 5(3)(c) inserted (6.7.2005) by The Social Security (Shared Additional Pension) (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/1551), regs. 1(1)(a), 4(4)(b) (with reg. 10)"
    },
    {
      "type": "F",
      "label": "F20",
      "text": "Words in reg. 5(3)(c) inserted (5.8.1992) by The Social Security Benefit (Persons Abroad) Amendment Regulations 1992 (S.I. 1992/1700), regs. 1(1), 3(b)"
    },
    {
      "type": "F",
      "label": "F21",
      "text": "Words in reg. 5(3)(d) substituted (9.4.2001) by The Welfare Reform and Pensions (Persons Abroad: Benefits for Widows and Widowers) (Consequential Amendments) Regulations 2000 (S.I. 2000/2876), regs. 1, 2(4)"
    },
    {
      "type": "F",
      "label": "F22",
      "text": "Words in reg. 5(3)(d) substituted (coming into force in accordance with art. 1-3 of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 5(5)"
    },
    {
      "type": "F",
      "label": "F23",
      "text": "Words in reg. 5(3)(d) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 5(4)(a)(ii) (with art. 3)"
    },
    {
      "type": "F",
      "label": "F24",
      "text": "Words in reg. 5(3)(d) substituted (1.10.1989) by The Social Security (Abolition of Earnings Rule) (Consequential) Regulations 1989 (S.I. 1989/1642), regs. 1, 8(3)(a)(iii)"
    },
    {
      "type": "F",
      "label": "F25",
      "text": "Reg. 5(3)(f) added (4.4.1977) by The Social Security (Child Benefit Consequential) Regulations 1977 (S.I. 1977/342), regs. 1(1), 13(3)(a)"
    },
    {
      "type": "F",
      "label": "F26",
      "text": "Reg. 5(4) omitted (4.4.1977) by virtue of The Social Security (Child Benefit Consequential) Regulations 1977 (S.I. 1977/342), regs. 1(1), 13(3)(b)"
    },
    {
      "type": "F",
      "label": "F27",
      "text": "Words in reg. 5(5)(b) substituted (10.11.1979) by The Social Security Benefit (Persons Abroad) Amendment (No. 2) Regulations 1979 (S.I. 1979/1432), regs. 1, 3(4)"
    },
    {
      "type": "F",
      "label": "F28",
      "text": "Words in reg. 5(5)(i) substituted (1.10.1989) by The Social Security (Abolition of Earnings Rule) (Consequential) Regulations 1989 (S.I. 1989/1642), regs. 1, 8(3)(b)"
    },
    {
      "type": "F",
      "label": "F29",
      "text": "Reg. 5(6) substituted (10.11.1979) by The Social Security Benefit (Persons Abroad) Amendment (No. 2) Regulations 1979 (S.I. 1979/1432), regs. 1, 3(5)"
    },
    {
      "type": "F",
      "label": "F30",
      "text": "Words in reg. 5(6) inserted (6.8.1994) by The Social Security Benefit (Persons Abroad) Amendment (No. 2) Regulations 1994 (S.I. 1994/1832), regs. 1(1), 2(2)"
    },
    {
      "type": "F",
      "label": "F31",
      "text": "Words in reg. 5(6) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 5(4)(b) (with art. 3)"
    },
    {
      "type": "F",
      "label": "F32",
      "text": "Words in reg. 5(6)(i) substituted (1.10.1989) by The Social Security (Abolition of Earnings Rule) (Consequential) Regulations 1989 (S.I. 1989/1642), regs. 1, 8(3)(c)"
    },
    {
      "type": "F",
      "label": "F33",
      "text": "Reg. 5(7) substituted (10.11.1979) by The Social Security Benefit (Persons Abroad) Amendment (No. 2) Regulations 1979 (S.I. 1979/1432), regs. 1, 3(6)"
    },
    {
      "type": "F",
      "label": "F34",
      "text": "Words in reg. 5(7) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 5(4)(c)(i) (with art. 3)"
    },
    {
      "type": "F",
      "label": "F35",
      "text": "Words in reg. 5(7) substituted (1.10.1989) by The Social Security (Abolition of Earnings Rule) (Consequential) Regulations 1989 (S.I. 1989/1642), regs. 1, 8(3)(d)"
    },
    {
      "type": "F",
      "label": "F36",
      "text": "Words in reg. 5(7) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 5(4)(c)(ii) (with art. 3)"
    },
    {
      "type": "F",
      "label": "F37",
      "text": "Words in reg. 5(7) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 5(4)(c)(iii) (with art. 3)"
    },
    {
      "type": "F",
      "label": "F38",
      "text": "Reg. 5(8) inserted (6.8.1994) by The Social Security Benefit (Persons Abroad) Amendment (No. 2) Regulations 1994 (S.I. 1994/1832), regs. 1(1), 2(4)"
    },
    {
      "type": "C",
      "label": "C1",
      "text": "Reg. 5 applied (8.4.2019) by The Guardians Allowance Up-rating Regulations 2019 (S.I. 2019/525), regs. 1(1), 3"
    },
    {
      "type": "C",
      "label": "C2",
      "text": "Reg. 5 applied (8.4.2019) by The Social Security Benefits Up-rating Regulations 2019 (S.I. 2019/552), regs. 1(1), 3"
    },
    {
      "type": "C",
      "label": "C3",
      "text": "Reg. 5 applied (6.4.2020) by The Guardians Allowance Up-rating Regulations 2020 (S.I. 2020/302), regs. 1(1), 3"
    },
    {
      "type": "C",
      "label": "C4",
      "text": "Reg. 5 applied (6.4.2020) by The Social Security Benefits Up-rating Regulations 2020 (S.I. 2020/266), regs. 1(1), 3"
    },
    {
      "type": "C",
      "label": "C5",
      "text": "Reg. 5 applied (12.4.2021) by The Guardian’s Allowance Up-rating Regulations 2021 (S.I. 2021/256), regs. 1(1), 3"
    },
    {
      "type": "C",
      "label": "C6",
      "text": "Reg. 5 applied (12.4.2021) by The Social Security Benefits Up-rating Regulations 2021 (S.I. 2021/312), regs. 1(1), 3"
    },
    {
      "type": "C",
      "label": "C7",
      "text": "Reg. 5 applied (11.4.2022) by The Social Security Benefits Up-rating Regulations 2022 (S.I. 2022/342), regs. 1(1), 3"
    },
    {
      "type": "C",
      "label": "C8",
      "text": "Reg. 5 applied (11.4.2022) by The Guardian’s Allowance Up-rating Regulations 2022 (S.I. 2022/236), regs. 1(1), 3"
    },
    {
      "type": "C",
      "label": "C9",
      "text": "Reg. 5 applied (10.4.2023) by The Guardian’s Allowance Up-rating Regulations 2023 (S.I. 2023/280), regs. 1(1), 3"
    },
    {
      "type": "C",
      "label": "C10",
      "text": "Reg. 5 applied (10.4.2023) by The Social Security Benefits Up-rating Regulations 2023 (S.I. 2023/340), regs. 1(1), 3"
    },
    {
      "type": "C",
      "label": "C11",
      "text": "Reg. 5 applied (8.4.2024) by The Social Security Benefits Up-rating Regulations 2024 (S.I. 2024/386), regs. 1(1), 3"
    },
    {
      "type": "C",
      "label": "C12",
      "text": "Reg. 5 applied (8.4.2024) by The Guardian’s Allowance Up-rating Regulations 2024 (S.I. 2024/309), regs. 1(1), 3"
    },
    {
      "type": "C",
      "label": "C13",
      "text": "Reg. 5 applied (7.4.2025) by The Social Security Benefits Up-rating Regulations 2025 (S.I. 2025/352), regs. 1(1), 3"
    },
    {
      "type": "C",
      "label": "C14",
      "text": "Reg. 5 applied (7.4.2025) by The Guardian’s Allowance Up-rating Regulations 2025 (S.I. 2025/337), regs. 1(1), 3"
    },
    {
      "type": "C",
      "label": "C15",
      "text": "Reg. 5 applied (6.4.2026) by The Guardian’s Allowance Up-rating Regulations 2026 (S.I. 2026/287), regs. 1(1), 3"
    },
    {
      "type": "C",
      "label": "C16",
      "text": "Reg. 5 applied (6.4.2026) by The Social Security Benefits Up-rating Regulations 2026 (S.I. 2026/218), regs. 1(1), 3"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1975/563/regulation/5",
    "retrieved_at": "2026-10-29T21:12:04.748143+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."
}