Amendment of the Social Security Benefit (Persons Abroad) Regulations 19752

1

The Social Security Benefit (Persons Abroad) Regulations 19752 shall be amended in accordance with the following provisions of this regulation.

2

In regulation 1(2) (definitions) at the appropriate places in the alphabetical order, insert—

  • “bereavement allowance” means an allowance referred to in section 39B of the Social Security Contributions and Benefits Act 19923;

  • “bereavement benefit” means a benefit referred to in section 20(1)(ea)4 of the Contributions and Benefits Act;

  • “widowed parent’s allowance” means an allowance referred to in section 39A of the Social Security Contributions and Benefits Act 19925;

3

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

a

in the heading and in paragraph (1)6 after “widow’s benefit,”, insert “bereavement benefit,”;

b

after paragraph (2A)7, add—

2B

In the case of a bereavement payment, paragraph (1) above shall apply only where—

a

the deceased spouse was in Great Britain at the time of his or her death;

b

sub-paragraph (a) above does not apply but the surviving spouse returned to Great Britain within 4 weeks of the deceased spouse’s death; or

c

the contribution conditions for widowed parent’s allowance and bereavement allowance set out in paragraph 5 of Schedule 3 to the Act8 or in regulation 6 of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 19799 are satisfied in relation to the surviving spouse.

4

In regulation 5(3)(d)10 (which provides that a person’s disqualification from receiving any additional widow’s benefit shall not be affected where the widow’s husband had become entitled to a Category A retirement pension or died before the appointed date), for “if her husband”, substitute “or bereavement benefit if the deceased spouse”.

5

For regulation 5A (rate of guaranteed minimum pension for the purposes of section 29 of the Pensions Act)11 after “widowed mother’s allowance”, insert “, bereavement allowance, widowed parent’s allowance”.