The Social Security Benefit (Persons Abroad) Amendment (No. 2) Regulations 1990

Rate of guaranteed minimum pension for the purposes of section 29 of the Pensions Act

2.—(1) The Social Security Benefit (Persons Abroad) Regulations 1975(1) shall be amended in accordance with this regulation.

(2) In regulation 1(2) (interpretation) after the definition of “the former Widow’s Benefit and Retirement Pensions Regulations” there shall be inserted the following definition:

• ““guaranteed minimum pension” has the meaning given to it in section 26(2) of the Social Security Pensions Act 1975(2) as construed in accordance with section 9 of the Social Security Act 1986(3);”.

(3) In regulation 5(2) (application of disqualification in respect of up-rating of benefit) after the words “In this regulation” there shall be added the words “and in regulation 5A”.

(4) After regulation 5 there shall be inserted the following regulation:

“Rate of guaranteed minimum pension for the purposes of section 29 of the Pensions Act

5A.   Where a person is absent from Great Britain and disqualified for receiving additional Category A or Category B retirement pension, additional widowed mother’s allowance or additional widow’s pension then—

(a) the rate of guaranteed minimum pension shall for the purposes only of section 29(1) of the Pensions Act(4) be determined in his case as if any Order under section 37A of the Pensions Act(5) which came into force while he was disqualified had instead come into force on the first day on which he ceased to be disqualified, and

(b) so long as the person is disqualified, section 37A(7) shall apply to him as if the reference to section 29(1) were omitted.”

(1)

S.I. 1975/563.

(2)

1975 c. 60; section 26(2) has been amended by paragraph 12(b) of Schedule 10 to the Social Security Act 1986 (c. 50).

(3)

1986 c. 50.

(4)

Section 29(1) was amended by the Social Security Act 1986, Section 18(1)and Schedule 10, paragraph 14(a).

(5)

Section 37A was inserted by Section 9(7) of the Social Security Act 1986.