Statutory Instrument 1994 No. 1832

The Social Security Benefit (Persons Abroad) Amendment (No. 2) Regulations 1994

---

© Crown Copyright 1994

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Social Security Benefit (Persons Abroad) Amendment (No. 2) Regulations 1994, ISBN 0110448324. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

1994 No. 1832

SOCIAL SECURITY

The Social Security Benefit (Persons Abroad) Amendment (No. 2) Regulations 1994

The Secretary of State for Social Security, in exercise of powers conferred by sections 113(1) and 175(1) to (4) of the Social Security Contributions and Benefits Act 1992^[1], and of all other powers enabling him in that behalf, after agreement by the Social Security Advisory Committee that proposals to make these Regulations should not be referred to it^[2], hereby makes the following Regulations:

Citation, commencement and interpretation
    1.—(1)  These Regulations may be cited as the Social Security Benefit (Persons Abroad) Amendment (No. 2) Regulations 1994 and shall come into force on 6th August 1994.

    (2)  In these Regulations "the principal Regulations" means the Social Security Benefit (Persons Abroad) Regulations 1975^[3].

Amendment of regulation 5 of the principal Regulations
    2.—(1)  Regulation 5 of the principal Regulations (application of disqualification in respect of up-rating of benefit) shall be amended in accordance with the following provisions of this regulation.

    (2)  At the beginning of paragraphs (3) and (6) there shall be inserted the words "Subject to paragraph (8) and the Schedule below,".

    (3)  After sub-paragraph (3)(a) there shall be inserted the following sub-paragraph—
"(aa) in the case of a married woman, any additional Category B retirement pension if immediately before the appointed date her husband was entitled to a Category A retirement pension and was not ordinarily resident in Great Britain (whether or not she was married to him immediately before that date);" .



    (4)  After paragraph (7) there shall be added the following paragraph—
"  (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)." .

Addition of a Schedule to the principal Regulations
    3.    To the principal Regulations there shall be added the Schedule set out in the Schedule to these Regulations.

Signed by authority of the Secretary of State for Social Security.

William Hague

Parliamentary Under-Secretary of State, Department of Social Security

11th July 1994

[1] 1992 c. 4. See section 36 of the National Insurance Act 1965 (c. 51); this section is preserved in Schedule 1 to the Social Security (Graduated Retirement Benefit) (No. 2) Regulations 1978 (S.I. 1978/393) and is to be construed in accordance with subsection (9). back

[2] See section 173(1)(b) of the Social Security Administration Act 1992 (c. 5). back

[3] S.I. 1975/563; relevant amending instruments are S.I. 1979/1432, 1988/435, 1989/1642, 1990/621 and 1992/1700. back

Explanatory Note