Statutory Instrument 1994 No. 1832
The Social Security Benefit (Persons Abroad) Amendment (No. 2) Regulations 1994
(The document as of February, 2008)
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STATUTORY INSTRUMENTS
1994 No. 1832
SOCIAL SECURITY
The Social Security Benefit (Persons Abroad) Amendment (No. 2) Regulations 1994
| Laid before Parliament | 15th July 1994 |
| Coming into force | 6th August 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
Notes:[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).
[2] See section 173(1)(b) of the Social Security Administration Act 1992 (c. 5).
[3] S.I. 1975/563; relevant amending instruments are S.I. 1979/1432, 1988/435, 1989/1642, 1990/621 and 1992/1700.
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