Social Security Benefit (Persons Abroad) Regulations 1975
| Year | 1975 |
1975 No. 563
SOCIAL SECURITY
The Social Security Benefit (Persons Abroad) Regulations 1975
Made 3rd April 1975
Laid before Parliament 4th April 1975
Coming into Operation 6th April 1975
The Secretary of State for Social Services, in exercise of the powers conferred upon her by sections 21(3), 30(3), 32(5), 82(5), 114(1), 131 and 132 of the Social Security Act 1975 and of all other powers enabling her in that behalf, without having referred any proposals on the matter to the National Insurance Advisory Committee or the Industrial Injuries Advisory Council since it appears to her that by reason of urgency it is inexpedient to do so, hereby makes the following regulations:—
Citation, commencement and interpretation
1.—(1) These regulations may be cited as the Social Security Benefit (Persons Abroad) Regulations 1975 and shall come into operation on 6th April 1975.
(2) In these regulations, unless the context otherwise requires—
“” means
“” means
“” means
“” means
“” means
“” in the case of a woman who has been married more than once, refers to the husband by virtue of whose contributions she is entitled to the benefit in question;
“” means
“” means
“” means
“” means
“” means
“” means
“” and “”
and other expressions have the same meanings as in the Act.
(3) Any reference in these regulations to any provision made by or contained in any enactment or instrument shall, except in so far as the context otherwise requires, be construed as a reference to that provision as amended or extended by any enactment or instrument, and as including a reference to any provision which it re-enacts or replaces, or which may re-enact or replace it, with or without modification.
(4) The rules for the construction of Acts of Parliament contained in the Interpretation Act 1889 shall apply for the purposes of the interpretation of these regulations as they apply for the purposes of the interpretation of an Act of Parliament.
Modifications of the Act in relation to sickness benefit, invalidity benefit, unemployability supplement and maternity allowance
2.—(1) A person shall not be disqualified for receiving sickness benefit, invalidity benefit, an unemployability supplement or a maternity allowance by reason of being temporarily absent from Great Britain for any day if—
(a)
(a) it is reasonable in all the circumstances of the case, having regard in particular, but not exclusively, to the nature of the person's incapacity and to his location, that, subject to the satisfaction of one of the conditions in sub-paragraphs (b) and (c) below, the disqualification under section 82(5)(a) of the Act should not apply, and either
(b)
(b) the absence is for the specific purpose of being treated for incapacity which commenced before he left Great Britain, or
(c)
(c) on the day on which the absence began he was, and had for the past 6 months continuously been, incapable of work and on the day for which benefit is claimed he has remained continuously so incapable since the absence began.
(2) Notwithstanding section 114(3) of the Act any question as to the satisfaction of the condition in paragraph (1)(a) of this regulation shall be determined by the Secretary of State.
(3) A person shall not be disqualified for receiving invalidity benefit by reason of being absent from Great Britain if by virtue of an Order in Council made under section 105 of the former Principal Act he would not be disqualified for receiving sickness benefit.
(4) A person who is or has been outside Great Britain and who by virtue of an Order in Council made under section 143 of the Act or under section 105 of the former Principal Act would, but for the provisions of section 15 of the Act, have been entitled to sickness benefit in respect of any period, shall be entitled to invalidity pension for that period.
Modifications of the Act in relation to title to maternity grant
3.—(1) Subject to the provisions of this regulation, a woman shall not be disentitled to a maternity grant by reason of the fact that on the date of the confinement she is outside Great Britain, if either—
(a)
(a) in respect of the last complete tax year before the relevant time the relevant person has an earnings factor derived from contributions, either paid or credited, of a relevant class which is not less than that year's lower earnings limit multiplied by 50; or
(b)
(b) at the date of the confinement her husband is a serving member of the forces, as defined in regulation 1(2) of the Social Security (Contributions) Regulations 1975, other than either—
(i) a member of any territorial or reserve force mentioned in Part I of Schedule 5 to those regulations who is not undergoing training or instruction as such a member for a continuous period exceeding 72 consecutive hours, or
(ii) a member of the Ulster Defence Regiment who is neither serving also as a member of any of the regular naval, military or air forces of the Crown, nor on the full-time permanent staff of that regiment, nor serving or undergoing training in that regiment for a continuous period exceeding 72 consecutive hours;
and any such woman shall, in addition, not be disqualified for receiving a maternity grant by reason of her being absent from Great Britain.
(2) For the purpose of paragraph (1)(a) the expression “” means and the expression “” means
(3) The provisions of paragraph (1)(a) shall not apply—
(a)
(a) to a maternity grant payable to a woman by virtue only of her husband's contributions unless at the time of the confinement she is residing with her husband, or, if he is dead, unless she was residing with him at the time of his death; or
(b)
(b) to a maternity grant in respect of expectation of a woman's confinement.
Modification of the Act in relation to widow's benefit, child's special allowance, guardian's allowance and retirement pension
4.—(1) Subject to the provisions of this regulation and of regulation 5 below, a person shall not be disqualified for receiving widow's benefit, child's special allowance, a guardian's allowance or a retirement pension of any category 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)
(a) the woman or her late husband was in Great Britain at the time of his death; or
(b)
(b) the contribution conditions for widowed mother's allowance and widow's pension set out in paragraph 5 of Schedule 3 to the Act or in regulation 9 of the Special Provisions Regulations are satisfied in relation to the woman.
Application of disqualification in respect of up-rating of benefit
5.—(1) Where regulations made in consequence of an order under section 124 of the Act (up-rating of benefits) 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.
(2) In this regulation—
(a)
(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
(b)
(b) “” means
(3) 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—
(a)
(a) in the case of a woman who immediately before the appointed date was a married woman and had not retired, any additional Category B retirement pension, if immediately before that date her husband had retired and was not ordinarily resident in Great Britain;
(b)
(b) in the case of a woman who immediately before the appointed date is a widow, any additional Category B retirement pension, if her husband had died before the appointed date;
(c)
(c) in any other case, any additional retirement pension of any category, if that person had retired or had otherwise become entitled to a retirement pension before the appointed date;
(d)
(d) any additional widow's benefit if her husband had retired or died be-before the appointed date;
(e)
(e) any additional child's special allowance if her former husband had died before the appointed date.
(4) If immediately before the appointed date a person is not ordinarily resident in Great Britain but then has, or would, but for the absence of any child from Great Britain, have in his family a child in relation to whom the conditions for...
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