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

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• (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;

• ...

• ...

• ...

• “the Child Benefit Act” means the Child Benefit Act 1975

• “the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992;

• “the Contributions Regulations” means the Social Security (Contributions) Regulations 1979;

• “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;

• “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;

• “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;

• “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;

• “serving member of the forces” has the meaning given to it in regulation 1(2) of the Contributions Regulations;

• “shared additional pension” means a shared additional pension under section 55A or 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;

• “widowed parent’s allowance” means an allowance referred to in section 39A of the Social Security Contributions and Benefits Act 1992;

• “child benefit” means benefit under Part I of the Child Benefit Act;

• “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.

Modifications of the Act in relation to sickness benefit, invalidity benefit, unemployability supplement and maternity allowance

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• (1) Except as provided by paragraph (1A) or (1B) below, a person shall not be disqualified for receivingany benefit in respect of incapacity by reason of being temporarily absent from Great Britain for any day falling within the first twenty-six weeks beginning with the day following the day on which he left Great Britain if—

• (a) 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), (bb)and (c) below, the disqualification under section 82(5)(a) of the Act should not apply, and ...

• (b) the absence is for the specific purpose of being treated for incapacity which commenced before he left Great Britain, or

• (bb) in the case of incapacity 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, or

• (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...

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (1A) Subject to paragraph (1B), a person who is in receipt of attendance allowance, disability living allowance, armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 , personal independence payment under Part 4 of the Welfare Reform Act 2012 or Scottish disability assistance shall not by reason of being temporarily absent from Great Britain be disqualified for receiving any benefit in respect of incapacity if—

• (a) the absence is for the specific purpose of being treated for incapacity which commenced before he left Great Britain; or

• (b) in the case of incapacity 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 that injury; or

• (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.

• (1B) A person who is a member of the family of a serving member of the forces and temporarily absent from Great Britain by reason only of the fact that he is living with that member shall not by reason of being temporarily absent be disqualified—

• (a) for receiving any benefit in respect of incapacity except severe disablement allowance if—

• (i) the absence is for the specific purpose of being treated for incapacity which began before he left Great Britain, or

• (ii) in the case of incapacity 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 purpos of receiving treatment which is appropriate to that injury, or

• (iii) 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; or

• (b) for the receipt of severe disablement allowance.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) In this regulation—

• (a) “benefit in respect of incapacity” means incapacity benefit, severe disablement allowance, an unemployability supplement or a maternity allowance;

• (b) “member of the family of a serving member of the forces” means the spouse, civil partner, son, daughter, step-son, step-daughter, father, father-in-law, step-father, mother, mother-in-law or step-mother of such a member; ...

• (ba) “Scottish disability assistance” means disability assistance given in accordance with regulations made under section 31 of the Social Security (Scotland) Act 2018; and

• (c) “week” means any period of seven days.

Modifications of the Act in relation to title to maternity grant

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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Modification of the Act in relation to widow's benefit, widowed parent’s allowance, child's special allowance, guardian's allowance and retirement pension

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• (1) Subject to the provisions of this regulation and of regulation 5 below, a person shall not be disqualified for receiving widow's benefit, widowed parent’s allowance, child's special allowance, a guardian's allowance, a retirement pension of any category, a shared additional pension or graduated retirement benefit 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) the woman or her late husband was in Great Britain at the time of his death; or

• (b) the contribution conditions for widowed mother's allowance and widow's pension set out in paragraph 5 of Schedule 3 to the Contributions and Benefits Act or in regulation 6 of the Social Security (Widow's Benefit and Retirement Pensions) Regulations 1979 are satisfied in relation to the woman.

• (2A) In the case of a widow’s payment, paragraph (1) above shall apply only where—

• (a) the woman or her late husband was in Great Britain at the time of his death; or

• (b) Sub-paragraph (a) above does not apply but the woman returned to Great Britain within 4 weeks of her husband’s death; or

• (c) the contribution conditions for widowed mother’s allowance and widow’s pension set out in paragraph 5 of Schedule 3 to the Contributions and Benefits Act or in regulation 6 of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979 are satisfied in relation to the woman.

• (2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In the case of a Category A retirement pension the basic pension of which falls to be increased under the provisions of section 51A(2) or 52(2) of the Contributions and Benefits Act (special provision for married people and for surviving spouses), the amount of the increase shall not exceed the sum which would be required to raise the basic pension of that Category A retirement pension to the sum specified in section 44(4) of the Contributions and Benefits Act (rate of basic pension of Category A retirement pension) or the weekly rate of Category B retirement pension specified in paragraph 5 of Part 1 of Schedule 4 to the Contributions and Benefits Act, as the case may be, current at—

• (a) the date on which the person whose pension falls to be so increased first became entitled to that pension; or

• (b) the date on which that person was last ordinarily resident in Great Britain;

whichever is the later.

• (4) Where, in the case of a Category A retirement pension the additional pension of which falls to be increased under the provisions of section 52(3) of the Contributions and Benefits Act, the surviving spouse or surviving civil partner whose pension falls to be so increased, being over pensionable age at the date of the death of the former spouse or former civil partner, is not ordinarily resident in Great Britain, the amount of the increase shall not exceed the sum which would be required to raise the additional pension of that Category A retirement pension to the maximum prescribed by regulation 3 of the Social Security (Maximum Additional Pension) Regulations 2010 which would have been appropriate had the former spouse or former civil partner died on—

• (a) the date on which the surviving spouse or surviving civil partner was last ordinarily resident in Great Britain; or

• (b) 6th April 1979;

whichever is the later.

Application of disqualification in respect of up-rating of benefit

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• (1) Where regulations made in consequence of an order under section 150 (annual up-rating of benefits) or 150A (annual uprating of basic pension etc and standard minimum guarantee) of the Social Security Administration Act 1992 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 and in regulation 5A—

• (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) “the appointed date” means the date appointed for the coming into force of the said order.

• (3) Subject to paragraph (8) and the Schedule below, 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) in the case of a person who immediately before the appointed date was a married person or a civil partner and was not entitled to a Category B retirement pension, any additional Category B retirement pension, if immediately before that date the other party to the marriage or civil partnership was entitled to a Category A retirement pension and was not ordinarily resident in Great Britain;

• (aa) in the case of a married person or a civil partner, any additional Category B retirement pension if immediately before the appointed date the other party to the marriage or civil partnership was entitled to a Category A retirement pension and was not ordinarily resident in Great Britain (whether or not they were married to each other or were civil partners of each other immediately before that date);

• (b) in the case of a person who immediately before the appointed date is a widow, a widower or a surviving civil partner, any additional Category B retirement pension, if the former spouse or former civil partner had died before the appointed date;

• (ba) in the case of a married person or civil partner entitled to a Category B retirement pension under section 48A of the Contributions and Benefits Act (Category B retirement pension for a married person or a civil partner), other than a case that falls within sub-paragraphs (a) to (b), any additional Category B retirement pension where immediately before the appointed date that person’s spouse or civil partner was not ordinarily resident in Great Britain;

• (c) in any other case, any additional retirement pension of any category, any additional shared additional pension or any additional graduated retirement benefit, if that person had ... become entitled to a retirement pension, a shared additional pension or to graduated retirement benefit before the appointed date;

• (d) any additional widow's benefit or widowed parent’s allowance if the deceased spouse or deceased civil partner had become entitled to a Category A retirement pension or had died before the appointed date;

• (e) any additional child's special allowance if her former husband had died before the appointed date.

• (f) any additional guardian's allowance in respect of a child if he were entitled to that allowance in respect of that child before the appointed date.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) The provisions of these regulations shall not affect the disqualification while absent from Great Britain of a widow who—

• (a) is not ordinarily resident in Great Britain immediately before the appointed date, and was entitled to widow's benefit immediately before attaining pensionable age, or would, but for any provision of the Act disqualifying her for the receipt of such benefit, have been so entitled; and

• (b) is or becomes entitled to a Category A retirement pension the right to which is determined by taking into account under regulation 8 of the Social Security (Widow's Benefit and Retirement Pensions) Regulations 1979 her husband's contributions;

for receiving any additional Category A retirement pension the right to which is so determined unless and until she becomes ordinarily resident in Great Britain if—

• (i) before the appointed date her husband was entitled to a Category A retirement pension and was not ordinarily resident in Great Britain; or

• (ii) he died before the appointed date.

• (6) Subject to paragraph (8) and the Schedule below, the provisions of these regulations shall not affect the disqualification while absent from Great Britain of a person referred to in regulation 8 of the Social Security (Widow's Benefit and Retirement Pensions) Regulations 1979, being any such person other than a widow, who—

• (a) is not ordinarily resident in Great Britain immediately before the appointed date; and

• (b) is or becomes entitled to a Category A retirement pension the right to which is determined by taking into account under regulation 8 of the Social Security (Widow's Benefit and Retirement Pensions) Regulations 1979 the contributions of that person's former spouse or former civil partner;