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The Social Security (Graduated Retirement Benefit) Regulations (Northern Ireland) 2005

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Increase where pensioner’s deceased spouse has deferred entitlement

8.—(1) This paragraph applies where a widow or widower is entitled to a Category A or Category B retirement pension, was married to the other party to the marriage when S died and one of the following conditions is met –

(a)S was entitled to graduated retirement benefit with an increase under this Schedule;

(b)paragraph 7(2)(a) applies; or

(c)paragraph 7 would apply to W but for the fact that the condition in sub-paragraph (1)(d) of that paragraph is not met.

(2) The increase in the weekly rate of W’s graduated retirement benefit shall, in a case to which sub-paragraph (1) applies, be determined in accordance with section 36 of the 1966 Act as continued in force by regulation 2 of the Social Security (Graduated Retirement Benefit) (No. 2) Regulations (Northern Ireland) 1978.

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