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Social Security Benefit (Persons Abroad) Regulations 1975

Consolidated Text As Enacted Cited authorities 10 Cited in Amendments 39 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 1975/563
(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—
  • “the Act” means the Social Security Act 1975;
    • .........
  • F4“the Child Benefit Act” means the Child Benefit Act 1975
  • F57“the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992;
  • “the Contributions Regulations” means the Social Security (Contributions) Regulations F181979;
  • “the former Death Grant Regulations” means the National Insurance (Death Grant) Regulations 1973;
  • “the former Principal Act” means the National Insurance Act 1965;
  • “the former Widow's Benefit and Retirement Pensions Regulations” means the National Insurance (Widow's Benefit and Retirement Pensions) Regulations 1972;
  • F49“guaranteed minimum pension” has the meaning given to it in section 26(2) of the Social Security Pensions Act 1975 as construed in accordance with section 9 of the Social Security Act 1986;
    • ...
  • “the Industrial Injuries Employment Regulations” means the Social Security (Employed Earners' Employments for Industrial Injuries Purposes) Regulations 1975;
  • F124“jobseeker’s allowance” means an allowance under the Jobseekers Act 1995 as amended by the provisions of Part 1 of Schedule 14 to the Welfare Reform Act 2012 that remove references to an income-based allowance, and a contribution-based allowance under the Jobseekers Act 1995 as that Act has effect apart from those provisions;
  • F106“the other party” in the case of a person who has been married or been in a civil partnership more than once, refers to the person by virtue of whose contributions that person is entitled to the benefit in question;
  • “the Overlapping Benefits Regulations” means the National Insurance (Overlapping Benefits) Regulations 1975;
  • “the former Old Persons' Pensions Regulations” means the National Insurance (Old Persons' Pensions) Regulations 1970;
  • “retired” means retired from regular employment;
  • F44“serving member of the forces” has the meaning given to it in regulation 1(2) of the Contributions Regulations;
  • F87“shared additional pension” means a shared additional pension under section 55A F126or 55AA of the Contributions and Benefits Act;
  • “the Special Provisions Regulations” means the Social Security (Benefit) (Married Women and Widows Special Provisions) Regulations 1974:
  • “the Widow's Benefit and Retirement Pensions Regulations” means the Social Security (Widow's Benefit and Retirement Pensions) Regulations 1974;
  • “widow's benefit” and “widow's pension” include benefit under section 39(4) of the Act corresponding to a widow's pension or a widowed mother's allowance;
  • F83“widowed parent’s allowance” means an allowance referred to in section 39A of the Social Security Contributions and Benefits Act 1992;
  • F5“child benefit” means benefit under Part I of the Child Benefit Act;
  • F5“entitled to child benefit” includes treated as so entitled;
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.the Secretary of State has certified that it is consistent with the proper administration of the Act that, subject to the satisfaction of one of the conditions in sub-paragraphs (b) F24, (bb) F62and (c) below, the disqualification under section 82(5) (a) of the Act should not apply, and ...the absence is for the specific purpose of being treated for incapacity which commenced before he left Great Britain, orin the case F32of F71incapacity benefit, the incapacity for work is the result of a personal injury of a kind mentioned in section 50(1) of the Act, and the absence is for the specific purpose of receiving treatment which is appropriate to that injury, oron 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 F46since the absence began.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .the absence is for the specific purpose of being treated for incapacity which commenced before he left Great Britain; orin the case of F72incapacity benefit the incapacity for work is the result of a personal injury of a kind mentioned in section 94(1) of the Social Security Contributions and Benefits Act 1992 and the absence is for the specific purpose of receiving treatment which is appropriate to

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