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

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Social Security Benefit (Persons Abroad) Regulations 1975 (S.I. 1975/563) (“the 1975 Regulations”).

Regulation 3 amends definitions in regulation 1 of the 1975 Regulations. Regulations 4 and 5 of these Regulations amend regulations 4 and 5 of the 1975 Regulations to update the references in those regulations to current enactments following repeal or revocation and re-enactment.

The Pensions Act 2007 (c.22) and the Civil Partnership Act 2004 (c.33) amended section 48A (Category B retirement pension for a married person or a civil partner) of the Social Security Contributions and Benefits Act 1992 (c.4) to remove the condition that a person is only entitled to a Category B retirement pension under that section once that person’s spouse or civil partner has become entitled to a Category A retirement pension.

Regulation 5(3)(a) and (b) of these Regulations amend regulation 5(3)(a) and (aa) of the 1975 Regulations to extend those provisions to married men and civil partners.

Regulation 5(3)(c) of these Regulations inserts a new sub-paragraph (ba) into regulation 5(3) of the 1975 Regulations to provide that, in cases other than those where sub-paragraphs (a) to (b) apply, a person entitled to a Category B retirement pension does not receive any additional benefit payable by virtue of an up-rating order if neither that person nor that person’s spouse or civil partner was ordinarily resident in Great Britain immediately before that order came into force.

A full impact assessment has not been produced for this instrument as it has no impact on the private or voluntary sector.