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Graduated retirement benefitE+W+S+N.I.

36 Graduated retirement benefit.E+W+S

(1)Subject to the provisions of the Act, graduated retirement benefit shall be payable to any person who is over pensionable age and who [F1is entitled to a retirement pension], and shall be an increase in the weekly rate of his retirement pension equal to [F27.35 pence] for each unit, ascertained in accordance with subsections (2) and (3) of this section, of the graduated contributions properly paid by him as an insured person, the result being rounded to the nearest whole penny, taking ½p as nearest to the next whole penny above.

(2)For the purpose of graduated retirement benefit [F3, a unit of graduated contributions shall be £7.50.]

(3)Where a person’s graduated contributions calculated at the said rate do not make an exact number of units any incomplete fraction of a unit shall, if it is one-half or more, be treated as a complete unit.

[F4(4)Where a person's entitlement to graduated retirement benefit is deferred—

(a)Schedule 2 to the Social Security (Graduated Retirement Benefit) (No.2) Regulations 1978; and

(b)Schedule 1 to the 2005 Regulations,

shall have effect and both those Schedules shall be construed and have effect as if they were part of this subsection.

(4A)For the purposes of subsection (4), a person's entitlement to graduated retirement benefit is deferred—

(a)where he would be entitled to a Category A or Category B retirement pension but for the fact that his entitlement is deferred within the meaning in section 55(3) of the Social Security Contributions and Benefits Act 1992, if and so long as his entitlement to such a pension is deferred;

(b)where he is treated under subsection (7) as receiving a Category A or a Category B retirement pension at a nominal weekly rate, if and so long as he does not become entitled to graduated retirement benefit by reason only of not satisfying the conditions in section 1 of the Social Security Administration Act 1992 (entitlement to benefit dependent on claim),

and in relation to graduated retirement benefit, “period of deferment” shall be construed accordingly.]

(5)For the purposes of subsection (4) of this section, the Secretary of State may by regulations provide for treating all or any of the graduated contributions paid by a person in the tax year in which he attained pensionable age as having been paid before, or as having been paid after, the day on which he attained that age, whether or not the contribution in question was so paid.

F5(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)A person who has attained pensionable age and [F6has claimed], but is not entitled to a retirement pension [F7(except a person who is not so entitled because of an election under section 54(1) of the Social Security Contributions and Benefits Act 1992 or because he has withdrawn his claim)], shall be treated for the purposes of the foregoing provisions of this section as receiving a retirement pension at a nominal weekly rate:

Provided that—

(a)this subsection shall not confer any right to graduated retirement benefit on a person who would be entitled to a retirement pension but for some provision of the Act or of regulations disqualifying him for receipt of it; and

(b)regulations may provide that any right by virtue of this subsection to benefit at less than a specified weekly rate shall be satisfied either altogether or for a specified period by the making of a single payment of the prescribed amount.

(8)In this section and in section 37 below—

  • graduated contributions” means graduated contributions under the National Insurance Act 1965 or the M1National Insurance Act 1959;

  • insured person” means insured person under the National Insurance Act 1965 or the M2National Insurance Act 1946;

  • retirement pension” means retirement pension of any category;

  • the Act” means the M3Social Security Act 1975;

and any reference in section 37 below to “section 36 of this Act” or to any of its subsections is a reference to that section or subsection as it is here set out.

(9)This section and section 37 below and the Act shall be construed and have effect as if this section and section 37 below were included in Chapter I of Part II or that Act (contributory benefits); and references to that Chapter, that Part of that Act in any other enactment or in any instrument shall be construed accordingly:

Provided that nothing in this subsection shall affect the construction of any reference to section 36 or 37 of this Act or of that Act or to any of the subsections of those sections; and any increase in the weekly rate of a person’s retirement pension, to the extent that it is attributable to subsection (4) of this section, shall be left out of account in determining the weekly rate of that pension for the purposes of sections 14(6) and 15(4) of the Act (rate of unemployment benefit, sickness benefit or invalidity pension for persons over pensionable age).

F8(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Extent Information

E1This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only

Amendments (Textual)

F1Words substituted (as from 1.10.1989) by S.I. 1989/1642, reg. 5(2)(a)(i)

F2S. 36(1): “7.35 pence” substituted (as from 12.4.1993) by virtue of S.I. 1993/349, art. 11(1).

F6Words substituted (as from 1.10.1989) by S.I. 1989/1642, reg. 5(2)(a)(iii)

F7Words in s. 36(7) inserted (1.11.1995) by 1995/2606, art. 3

F8s. 36(10) omitted (6.9.1999) by virtue of S.I. 1999/2422, art. 3(3)

Modifications etc. (not altering text)

C1Ss. 36, 37: power to amend conferred by Social Security Administration Act 1992, s. 150(11) (c. 5, SIF 113:1)

C2S. 36 restricted (E.W.S.) (prosp.) by Pensions Act 2008 (c. 30), ss. 102(7), 149

C3S. 36(1): sums amended (12.4.1993) by S.I. 1993/349, arts. 1(2)(d), 6, 11(1) (which amending S.I. was revoked (1.4.1994) by S.I. 1994/542, art. 22)

S. 36(1): sums amended (11.4.1994) by S.I. 1994/542, arts. 1(2)(d), 6, 11(1) (which amending S.I. was revoked (1.4.1995) by S.I. 1995/559, art. 24)

S. 36(1): sums amended (10.4.1995) by S.I. 1995/559, arts. 1(2)(d), 6, 11(1) (which amending S.I. was revoked (1.4.1996) by S.I. 1996/559, art. 24)

S. 36(1): sums amended (8.4.1996) by S.I. 1996/599, arts. 1(2)(d), 6, 11(1) (which amending S.I. was revoked (1.4.1997) by S.I. 1997/543, art. 27)

S. 36(1): sums amended (7.4.1997) by S.I. 1997/543, arts. 1(2)(d), 6, 11(1) (which amending S.I. was revoked (1.4.1998) by S.I. 1998/470, art. 27)

S. 36(1): sums amended (6.4.1998) by S.I. 1998/470, arts. 1(2)(d), 6, 11(1) (which amending S.I. was revoked (1.4.1999) by S.I. 1999/264, art. 27)

S. 36(1): sums amended (12.4.1999) by S.I. 1999/264, arts. 1(2)(c), 6, 11(1) (which amending S.I. was revoked (1.4.2000) by S.I. 2000/440, art. 24)

S. 36(1): sums amended (10.4.2000) by S.I. 2000/440, arts. 1(2)(c), 6, 11(1) (which amending S.I. was revoked (1.4.2001) by S.I. 2001/207, art. 24)

S. 36(1): sums amended (9.4.2001) by S.I. 2001/207, arts. 1(2)(c), 6, 11(1) (which amending S.I. was revoked (1.4.2002) by S.I. 2002/668, art. 24)

S. 36(1): sums amended (8.4.2002) by S.I. 2002/668, arts. 1(2)(c), 6, 11(1) (which amending S.I. was revoked (1.4.2003) by S.I. 2003/526, art. 26)

C4S. 36(1): sums amended (E.W.S.) (11.4.2005) by S.I. 2005/522, arts. 1(2)(c), 6, 12(1) (which amending S.I. was revoked (1.4.2006) by S.I. 2006/645, art. 27)

S. 36(1): sums amended (E.W.S.) (10.4.2006) by S.I. 2006/645, arts. 1(2)(d), 6, 12(1) (which amending S.I. was revoked (1.4.2007) by S.I. 2007/688, art. 27)

S. 36(1): sums amended (E.W.S.) (9.4.2007) by S.I. 2007/688, arts. 1(2)(d), 6, 12(1) (which amending S.I. was revoked (1.4.2008) by S.I. 2008/632, art. 27)

S. 36(1): sums amended (E.W.S.) (7.4.2008) by S.I. 2008/632, arts. 1(2)(d), 6, 12(1) (which amending S.I. was revoked (1.4.2009) by S.I. 2009/497, art. 28)

S. 36(1): sums amended (E.W.S.) (6.4.2009) by S.I. 2009/497, arts. 1(2)(d), 6, 12(1) (which amending S.I. was revoked (1.4.2010) by S.I. 2010/793, art. 28)

S. 36(1): sums amended (E.W.S.) (12.4.2010) by S.I. 2010/793, arts. 1(2)(d), 6, 12(1) (which amending S.I. was revoked (1.4.2011) by S.I. 2011/821, art. 28)

C5S. 36(1): sums amended (E.W.S.) (11.4.2011 with effect in accordance with arts. 1(3), 6 of the amending S.I.) by The Social Security Benefits Up-rating Order 2011 (S.I. 2011/821), arts. 1(2)(c), {12(1)} (which amending S.I. was revoked (1.4.2012) by S.I. 2012/780, art. 29)

C6S. 36(1): sums amended (E.W.S.) (9.4.2012 with effect in accordance with arts. 1(3), 6 of the amending S.I.) by The Social Security Benefits Up-rating Order 2012 (S.I. 2012/780), arts. 1(2)(c), {12(1)} (which amending S.I. was revoked (11.4.2013) by S.I. 2013/574, art. 26)

C7S. 36(1): sums amended (E.W.S.) (8.4.2013 with effect in accordance with arts. 1(3), 6 of the amending S.I.) by The Social Security Benefits Up-rating Order 2013 (S.I. 2013/574), arts. 1(2)(c), {11(1)}

Marginal Citations

36 Graduated retirement benefit. N.I.
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C1Ss. 36, 37: power to amend conferred by Social Security Administration Act 1992, s. 150(11) (c. 5, SIF 113:1)

(1)Subject to the provisions of the Act, graduated retirement benefit shall be payable to any person who is over pensionable age and who [F15is entitled to a retirement pension], and shall be an increase in the weekly rate of his retirement pension equal to [F27.35 pence]for each unit, ascertained in accordance with subsections (2) and (3) of this section, of the graduated contributions properly paid by him as an insured person, the result being rounded to the nearest whole penny, taking ½p as nearest to the next whole penny above.

(2)For the purpose of graduated retirement benefit the units of graduated contributions shall be £7.50 for men and £9.00 for women.

(3)Where a person’s graduated contributions calculated at the said rate do not make an exact number of units any incomplete fraction of a unit shall, if it is one-half or more, be treated as a complete unit.

(4)Where a person [F16defers his entitlement to a Category A or Category B retirement pension]after attaining pensionable age or has made an election by virtue of section 30(3) of the Act and has not revoked it, then, for the purpose of calculating the graduated retirement benefit payable to him from the date of his retirement, there shall be applied the provisions of Schedule 2 to the M4Social Security (Graduated Retirement Benefit) (No. 2) Regulations 1978, and those provisions shall be construed and have effect as if they were part of this subsection.

(5)For the purposes of subsection (4) of this section, the Secretary of State may by regulations provide for treating all or any of the graduated contributions paid by a person in the tax year in which he attained pensionable age as having been paid before, or as having been paid after, the day on which he attained that age, whether or not the contribution in question was so paid.

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(7)A person who has attained pensionable age and [F6has claimed], but is not entitled to a retirement pension [F7(except a person who is not so entitled because of an election under section 54(1) of the Social Security Contributions and Benefits Act 1992 or because he has withdrawn his claim)], shall be treated for the purposes of the foregoing provisions of this section as receiving a retirement pension at a nominal weekly rate:

Provided that—

(a)this subsection shall not confer any right to graduated retirement benefit on a person who would be entitled to a retirement pension but for some provision of the Act or of regulations disqualifying him for receipt of it; and

(b)regulations may provide that any right by virtue of this subsection to benefit at less than a specified weekly rate shall be satisfied either altogether or for a specified period by the making of a single payment of the prescribed amount.

(8)In this section and in section 37 below—

  • graduated contributions” means graduated contributions under the National Insurance Act 1965 or the M1National Insurance Act 1959;

  • insured person” means insured person under the National Insurance Act 1965 or the M2National Insurance Act 1946;

  • retirement pension” means retirement pension of any category;

  • the Act” means the M3Social Security Act 1975;

and any reference in section 37 below to “section 36 of this Act” or to any of its subsections is a reference to that section or subsection as it is here set out.

(9)This section and section 37 below and the Act shall be construed and have effect as if this section and section 37 below were included in Chapter I of Part II or that Act (contributory benefits); and references to that Chapter, that Part of that Act in any other enactment or in any instrument shall be construed accordingly:

Provided that nothing in this subsection shall affect the construction of any reference to section 36 or 37 of this Act or of that Act or to any of the subsections of those sections; and any increase in the weekly rate of a person’s retirement pension, to the extent that it is attributable to subsection (4) of this section, shall be left out of account in determining the weekly rate of that pension for the purposes of sections 14(6) and 15(4) of the Act (rate of unemployment benefit, sickness benefit or invalidity pension for persons over pensionable age).

F8(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Extent Information

E3This version of this provision extends to Northern Ireland only; a separate version has been created for England, Wales and Scotland only

Amendments (Textual)

F2S. 36(1): “7.35 pence” substituted (as from 12.4.1993) by virtue of S.I. 1993/349, art. 11(1).

F6Words substituted (as from 1.10.1989) by S.I. 1989/1642, reg. 5(2)(a)(iii)

F7Words in s. 36(7) inserted (1.11.1995) by 1995/2606, art. 3

F8s. 36(10) omitted (6.9.1999) by virtue of S.I. 1999/2422, art. 3(3)

F15Words substituted (as from 1.10.1989) by S.I. 1989/1642, reg. 5(2)(a)(i)

F16Words substituted (as from 1.10.1989) by S.I. 1989/1642, reg. 5(2)(a)(ii)

Modifications etc. (not altering text)

C1Ss. 36, 37: power to amend conferred by Social Security Administration Act 1992, s. 150(11) (c. 5, SIF 113:1)

C3S. 36(1): sums amended (12.4.1993) by S.I. 1993/349, arts. 1(2)(d), 6, 11(1) (which amending S.I. was revoked (1.4.1994) by S.I. 1994/542, art. 22)

S. 36(1): sums amended (11.4.1994) by S.I. 1994/542, arts. 1(2)(d), 6, 11(1) (which amending S.I. was revoked (1.4.1995) by S.I. 1995/559, art. 24)

S. 36(1): sums amended (10.4.1995) by S.I. 1995/559, arts. 1(2)(d), 6, 11(1) (which amending S.I. was revoked (1.4.1996) by S.I. 1996/559, art. 24)

S. 36(1): sums amended (8.4.1996) by S.I. 1996/599, arts. 1(2)(d), 6, 11(1) (which amending S.I. was revoked (1.4.1997) by S.I. 1997/543, art. 27)

S. 36(1): sums amended (7.4.1997) by S.I. 1997/543, arts. 1(2)(d), 6, 11(1) (which amending S.I. was revoked (1.4.1998) by S.I. 1998/470, art. 27)

S. 36(1): sums amended (6.4.1998) by S.I. 1998/470, arts. 1(2)(d), 6, 11(1) (which amending S.I. was revoked (1.4.1999) by S.I. 1999/264, art. 27)

S. 36(1): sums amended (12.4.1999) by S.I. 1999/264, arts. 1(2)(c), 6, 11(1) (which amending S.I. was revoked (1.4.2000) by S.I. 2000/440, art. 24)

S. 36(1): sums amended (10.4.2000) by S.I. 2000/440, arts. 1(2)(c), 6, 11(1) (which amending S.I. was revoked (1.4.2001) by S.I. 2001/207, art. 24)

S. 36(1): sums amended (9.4.2001) by S.I. 2001/207, arts. 1(2)(c), 6, 11(1) (which amending S.I. was revoked (1.4.2002) by S.I. 2002/668, art. 24)

S. 36(1): sums amended (8.4.2002) by S.I. 2002/668, arts. 1(2)(c), 6, 11(1) (which amending S.I. was revoked (1.4.2003) by S.I. 2003/526, art. 26)

C15S. 36(4): Power to replace s. 36(4) conferred (1.7.1992) by Social Security Contributions and Benefits Act 1992 (c. 4), ss. 62(1)(a), 177(4).

Marginal Citations

37 Special provisions as to graduated retirement benefit for widows and widowers.E+W+S

(1)Subject to the provisions of this section [F9and to Schedule 1 to the 2005 Regulations][F10, where a person, having paid graduated contributions as an insured person, dies leaving a widow, widower or surviving civil partner and the survivor—

(a)has attained pensionable age at the time of the death; or

(b)remains that person's widow, widower or surviving civil partner (as the case may be) when attaining pensionable age,]

then section 36 of this Act shall apply as if the increase in the weekly rate of the retirement pension of the widow or widower, as the case may be, provided for by subsection (1) thereof were the amount there specified by reference to his or her graduated contributions with the addition of one-half of the weekly rate of the graduated retirement benefit of his or her former spouse (any amount including ½p being rounded to the next whole penny above)F11. . . .

(2)For the purposes of subsection (1) of this section, the weekly rate of the deceased spouse’s graduated retirement benefit shall (whether or not he or she was receiving or entitled to receive any such benefit) be taken to have been the weekly rate appropriate to the amount of graduated contributions paid by him or her (determined as if any orders which have come into force under section 124 of the Act (increases in rates of benefit) since the date of the deceased spouse’s death had come into force before that date), excluding any addition under section 37(1) of this Act, but including any addition under section 36(4) thereof (and for the purpose of calculating the addition under section 36(4), taking into account any addition under section 37(1)); and where at his or her death he or she had attained pensionable age but had [F12not] become entitled to graduated retirement benefit, that addition shall be computed as if he or she had F13. . . become entitled to graduated retirement benefit immediately before his or her death.

(3)A person’s right to graduated retirement benefit by virtue of this section shall be brought into account under section 36(4) of this Act in determining the graduated retirement benefit payable to him or her under the said section 36:

Provided that, if the termination of the marriage by death occurred after he or she attained pensionable age, he or she shall for the purposes of this subsection be treated as not having attained pensionable age until the date of that termination.

(4)A person’s right to graduated retirement benefit by virtue of this section in respect of a spouse he or she marries after attaining pensionable age shall be subject to such additional conditions as may be prescribed; and except as may be provided by regulations a person more than once married shall not be entitled for the same period to any graduated retirement benefit by virtue of this section in respect of more than one of his or her spouses.

(5)Regulations may provided that where a woman is entitled to graduated retirement benefit and to a widowed mother’s allowance the graduated retirement benefit shall be an increase in the weekly rate of that allowance; and where the benefit is such an increase, section 36(7) of this Act shall not apply.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Extent Information

E2This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only

Amendments (Textual)

F12Word substituted by S.I. 1989/1642, reg. 5(2)(b)

F13Words repealed by S.I. 1989/1642, reg. 5(2)(b)

Modifications etc. (not altering text)

C8Ss. 36, 37: power to amend conferred by Social Security Administration Act 1992, s. 150(11) (c. 5, SIF 113:1)

C10S. 37(1): sums amended (8.4.1996) by S.I. 1996/599, arts. 1(2)(d), 6, 11(3) (which amending S.I. was revoked (1.4.1997) by S.I. 1997/543, art. 27)

S. 37(1): sums amended (7.4.1997) by S.I. 1997/543, arts. 1(2)(d), 6, 11(3) (which amending S.I. was revoked (1.4.1998) by S.I. 1998/470, art. 27)

S. 36(1): sums amended (6.4.1998) by S.I. 1998/470, arts. 1(2)(d), 6, 11(3) (which amending S.I. was revoked (1.4.1999) by S.I. 1999/264, art. 27)

S. 37(1): sums amended (12.4.1999) by S.I. 1999/264, arts. 1(2)(c), 6, 11(3) (which amending S.I. was revoked (1.4.2000) by S.I. 2000/440, art. 24)

S. 37(1): sums amended (10.4.2000) by S.I. 2000/440, arts. 1(2)(c), 6, 11(3) (which amending S.I. was revoked (1.4.2001) by S.I. 2001/207, art. 24)

S. 37(1): sums amended (9.4.2001) by S.I. 2001/207, arts. 1(2)(c), 6, 11(3) (which amending S.I. was revoked (1.4.2002) by S.I. 2002/668, art. 24)

S. 37(1): sums amended (8.4.2002) by S.I. 2002/668, arts. 1(2)(c), 6, 11(3) (which amending S.I. was revoked (1.4.2003) by S.I. 2003/526, art. 26)

C11S. 37(1): sums amended (E.W.S.) (11.4.2005) by S.I. 2005/522, arts. 1(2)(c), 6, 12(3) (which amending S.I. was revoked (1.4.2006) by S.I. 2006/645, art. 27)

S. 37(1): sums amended (E.W.S.) (10.4.2006) by S.I. 2006/645, arts. 1(2)(d), 6, 12(3) (which amending S.I. was revoked (1.4.2007) by S.I. 2007/688, art. 27)

S. 37(1): sums amended (E.W.S.) (9.4.2007) by S.I. 2007/688, arts. 1(2)(d), 6, 12(4) (which amending S.I. was revoked (1.4.2008) by S.I. 2008/632, art. 27)

S. 37(1): sums amended (E.W.S.) (7.4.2008) by S.I. 2008/632, arts. 1(2)(d), 6, 12(4) (which amending S.I. was revoked (1.4.2009) by S.I. 2009/497, art. 28)

S. 37(1): sums amended (E.W.S.) (6.4.2009) by S.I. 2009/497, arts. 1(2)(d), 6, 12(4) (which amending S.I. was revoked (1.4.2010) by S.I. 2010/793, art. 28)

S. 36(1): sums amended (E.W.S.) (12.4.2010) by S.I. 2010/793, arts. 1(2)(d), 6, 12(4) (which amending S.I. was revoked (1.4.2011) by S.I. 2011/821, art. 28)

C12S. 37(1): sums amended (E.W.S.) (11.4.2011 with effect in accordance with arts. 1(3), 6 of the amending S.I.) by The Social Security Benefits Up-rating Order 2011 (S.I. 2011/821), arts. 1(2)(c), {12(4)} (which amending S.I. was revoked (1.4.2012) by S.I. 2012/780, art. 29)

C13S. 37(1): sums amended (E.W.S.) (9.4.2012 with effect in accordance with arts. 1(3), 6 of the amending S.I.) by The Social Security Benefits Up-rating Order 2012 (S.I. 2012/780), arts. 1(2)(c), {12(4)} (which amending S.I. was revoked (11.4.2013) by S.I. 2013/574, art. 26)

C14S. 37(1): sums amended (E.W.S.) (8.4.2013 with effect in accordance with arts. 1(3), 6 of the amending S.I.) by The Social Security Benefits Up-rating Order 2013 (S.I. 2013/574), arts. 1(2)(c), {11(4)}

37 Special provisions as to graduated retirement benefit for widows and widowers. N.I.
Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C8Ss. 36, 37: power to amend conferred by Social Security Administration Act 1992, s. 150(11) (c. 5, SIF 113:1)

(1)Subject to the provisions of this section—

(a)where a man, having paid graduated contributions as an insured person, dies leaving a widow, and she either has attained pensionable age at the time of his death or remains his widow when she attains that age; or

(b)where a woman, having paid graduated contributions as an insured person, dies after 5th April 1979 leaving a widower, and she and he have both attained pensionable age at the time of her death,

then section 36 of this Act shall apply as if the increase in the weekly rate of the retirement pension of the widow or widower, as the case may be, provided for by subsection (1) thereof were the amount there specified by reference to his or her graduated contributions with the addition of one-half of the weekly rate of the graduated retirement benefit of his or her former spouse (any amount including ½p being rounded to the next whole penny above); and where a man, having paid graduated contributions as an insured person, dies after 5th April 1979 leaving a widow and she has attained pensionable age at the time of his death . . . F17, section 36 shall apply as if the increase in the weekly rate of her retirement pension provided for by subsection (1) thereof were one-half of the weekly rate of the graduated retirement benefit of her former husband (any amount including ½p being rounded to the next whole penny above).

(2)For the purposes of subsection (1) of this section, the weekly rate of the deceased spouse’s graduated retirement benefit shall (whether or not he or she was receiving or entitled to receive any such benefit) be taken to have been the weekly rate appropriate to the amount of graduated contributions paid by him or her (determined as if any orders which have come into force under section 124 of the Act (increases in rates of benefit) since the date of the deceased spouse’s death had come into force before that date), excluding any addition under section 37(1) of this Act, but including any addition under section 36(4) thereof (and for the purpose of calculating the addition under section 36(4), taking into account any addition under section 37(1)); and where at his or her death he or she had attained pensionable age but had [F12not]become entitled to graduated retirement benefit, that addition shall be computed as if he or she had . . . F17become entitled to graduated retirement benefit immediately before his or her death.

(3)A person’s right to graduated retirement benefit by virtue of this section shall be brought into account under section 36(4) of this Act in determining the graduated retirement benefit payable to him or her under the said section 36:

Provided that, if the termination of the marriage by death occurred after he or she attained pensionable age, he or she shall for the purposes of this subsection be treated as not having attained pensionable age until the date of that termination.

(4)A person’s right to graduated retirement benefit by virtue of this section in respect of a spouse he or she marries after attaining pensionable age shall be subject to such additional conditions as may be prescribed; and except as may be provided by regulations a person more than once married shall not be entitled for the same period to any graduated retirement benefit by virtue of this section in respect of more than one of his or her spouses.

(5)Regulations may provided that where a woman is entitled to graduated retirement benefit and to a widowed mother’s allowance the graduated retirement benefit shall be an increase in the weekly rate of that allowance; and where the benefit is such an increase, section 36(7) of this Act shall not apply.

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Extent Information

E4This version of this provision extends to Northern Ireland only; a separate version has been created for England, Wales and Scotland only

Amendments (Textual)

F12Word substituted by S.I. 1989/1642, reg. 5(2)(b)

F17Words repealed by S.I. 1989/1642, reg. 5(2)(b)

Modifications etc. (not altering text)

C8Ss. 36, 37: power to amend conferred by Social Security Administration Act 1992, s. 150(11) (c. 5, SIF 113:1)

C10S. 37(1): sums amended (8.4.1996) by S.I. 1996/599, arts. 1(2)(d), 6, 11(3) (which amending S.I. was revoked (1.4.1997) by S.I. 1997/543, art. 27)

S. 37(1): sums amended (7.4.1997) by S.I. 1997/543, arts. 1(2)(d), 6, 11(3) (which amending S.I. was revoked (1.4.1998) by S.I. 1998/470, art. 27)

S. 36(1): sums amended (6.4.1998) by S.I. 1998/470, arts. 1(2)(d), 6, 11(3) (which amending S.I. was revoked (1.4.1999) by S.I. 1999/264, art. 27)

S. 37(1): sums amended (12.4.1999) by S.I. 1999/264, arts. 1(2)(c), 6, 11(3) (which amending S.I. was revoked (1.4.2000) by S.I. 2000/440, art. 24)

S. 37(1): sums amended (10.4.2000) by S.I. 2000/440, arts. 1(2)(c), 6, 11(3) (which amending S.I. was revoked (1.4.2001) by S.I. 2001/207, art. 24)

S. 37(1): sums amended (9.4.2001) by S.I. 2001/207, arts. 1(2)(c), 6, 11(3) (which amending S.I. was revoked (1.4.2002) by S.I. 2002/668, art. 24)

S. 37(1): sums amended (8.4.2002) by S.I. 2002/668, arts. 1(2)(c), 6, 11(3) (which amending S.I. was revoked (1.4.2003) by S.I. 2003/526, art. 26)

F1438—55.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

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