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The Social Security Benefit (Persons Abroad) (Amendment) Regulations (Northern Ireland) 2010

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1.  These Regulations may be cited as the Social Security Benefit (Persons Abroad) (Amendment) Regulations (Northern Ireland) 2010 and shall come into operation on 6th April 2010.

Amendment of the Social Security Benefit (Persons Abroad) Regulations

2.—(1) The Social Security Benefit (Persons Abroad) Regulations (Northern Ireland) 1978(1) are amended in accordance with paragraphs (2) to (4).

(2) In regulation 1(2) (interpretation), for the definition of “her husband” substitute—

“the other party” in the case of a person who has been married or 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;.

(3) In regulation 4 (modification of the Act in relation to widow’s benefit, bereavement benefit, child’s special allowance, guardian’s allowance and retirement pension)—

(a)in the heading for “the Act” substitute “the Contributions and Benefits Act”;

(b)in paragraphs (2)(b)(2) and (2A)(c)(3) for “the Act” substitute “the Contributions and Benefits Act”;

(c)in paragraph (3)(4)—

(i)for the words from “Article 11(2)” to “married women)” substitute “section 51A(2) or 52(2) of the Contributions and Benefits Act(5) (special provision for married people and for surviving spouses)”,

(ii)for “Article 8(1)(a) of the Social Security Pensions (Northern Ireland) Order 1975” substitute “section 44(4) of the Contributions and Benefits Act”(6), and

(iii)for “paragraph 9 of Part I of Schedule 4 to the Act” substitute “paragraph 5 of Part I of Schedule 4 to the Contributions and Benefits Act”;

(d)in paragraph (4)(7)—

(i)for “Article 11(3) of the Social Security Pensions (Northern Ireland) Order 1975” substitute “section 52(3) of the Contributions and Benefits Act”, and

(ii)for the words from “regulation 2” to “1979” substitute “regulation 2 of the Social Security (Maximum Additional Pension) Regulations (Northern Ireland) 2010”(8).

(4) In regulation 5 (application of disqualification in respect of up-rating of benefit)—

(a)in paragraph (1)(9) for the words from “Article 64” to “pensions)” substitute “section 132 (annual up-rating of benefits) or 132A (annual up-rating of basic pension etc. and standard minimum guarantee) of the Social Security Administration (Northern Ireland) Act 1992”(10);

(b)in paragraph (3)(11)—

(i)in sub-paragraph (a)(12)—

(aa)for “a woman” substitute “a person”,

(bb)for “married woman” substitute “married person or a civil partner”, and

(cc)for “her husband” substitute “the other party to the marriage or civil partnership”,

(ii)in sub-paragraph (aa)(13)—

(aa)for “married woman” substitute “married person or a civil partner”,

(bb)for “her husband” substitute “the other party to the marriage or civil partnership”, and

(cc)for “she was married to him” substitute “they were married to each other or were civil partners of each other”,

(iii)after sub-paragraph (b) insert—

(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(14) (Category B retirement pension for married persons or civil partners), other than a case that falls within sub-paragraphs (a) to (b) above, any additional Category B retirement pension where immediately before the appointed date that person’s spouse or civil partner was not ordinarily resident in Northern Ireland;.

Sealed with the Official Seal of the Department for Social Development on 16th March 2010

(L.S.)

Anne McCleary

A senior officer of the Department for Social Development

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