Regulation 10 Conditions for entitlement to a Category D retirement pension

F1(1)

The conditions for entitlement to a Category D retirement pension shall be that the person concerned—

F2(a)

was resident in Great Britain for a period of at least 10 years in any continuous period of 20 years which included the day before that on which he attained the age of 80 or any day thereafter; and

(b)

was ordinarily resident in Great Britain either—

(i)

on the day he attained the age of 80; or

(ii)

if he was not so ordinarily resident on that day and the date of his claim for the pension was later than that day, on the date of his claim, so however that where a person satisfies this condition under this head he shall be deemed to have satisfied it on the date that he became so ordinarily resident.

F3(2)

Paragraph (1)(b) does not apply where, on the day or date determined in accordance with that paragraph, the person is ordinarily resident in an EEA state or Switzerland and one of the following provisions applies to that person—

(a)

the Convention on Social Security between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ireland, signed on 1st February 2019;

(b)

the Agreement between the United Kingdom of Great Britain and Northern Ireland and the Swiss Confederation on Citizens' Rights following the Withdrawal of the United Kingdom from the European Union and the Free Movement of Persons Agreement, signed on 25th February 2019;

(c)

the Agreement on the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, signed on 24th January 2020;

(d)

the Agreement on arrangements between Iceland, the Principality of Liechtenstein, the Kingdom of Norway and the United Kingdom of Great Britain and Northern Ireland following the withdrawal of the United Kingdom from the European Union, the EEA Agreement and other agreements applicable between the United Kingdom and the EEA EFTA States by virtue of the United Kingdom’s membership of the European Union, signed on 28th January 2020;

(e)

the Protocol on Social Security Coordination to the Trade and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland, of the one part, and the European Union and the European Atomic Energy Community, of the other part, signed on 30th December 2020;

(f)

the Convention on Social Security Coordination between the United Kingdom of Great Britain and Northern Ireland and the Swiss Confederation, signed on 9th September 2021;

(g)

the Convention on Social Security Coordination between Iceland, the Principality of Liechtenstein, the Kingdom of Norway and the United Kingdom of Great Britain and Northern Ireland, signed on 30th June 2023.

Annotations

Textual amendments

F1: Words in reg. 10(1) in reg. 10 renumbered as reg. 10(1) (31.12.2023) by The Social Security (Widow’s Benefit and Retirement Pensions) (Amendment) Regulations 2023 (S.I. 2023/1237), regs. 1(1), 2(a)
F2: Reg. 10(a) substituted (26.1.1985) by The Social Security (Widow's Benefit and Retirement Pensions) Amendment Regulations 1984 (S.I. 1984/1704), regs. 1, 2
F3: Reg. 10(2) inserted (31.12.2023) by The Social Security (Widow’s Benefit and Retirement Pensions) (Amendment) Regulations 2023 (S.I. 2023/1237), regs. 1(1), 2(b)