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The Social Security (Retirement Pensions and Graduated Retirement Benefit) (Widowers and Civil Partnership) Regulations 2005

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Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security (Retirement Pensions and Graduated Retirement Benefit) (Widowers and Civil Partnership) Regulations 2005 and shall come into force—

(a)for the purposes of regulation 3(10), in so far as it applies in relation to paragraphs 17 and 19 of Schedule 1 to the 2005 Regulations, on 6th April 2006;

(b)for the purposes of regulation 4, on 6th April 2006 immediately after regulation 4 of the Social Security (Claims and Payments) Amendment Regulations 2005(1) and regulation 3 of the Social Security (Shared Additional Pension) (Miscellaneous Amendments) Regulations 2005(2) have come into force; and

(c)for all other purposes, on 5th December 2005.

(2) In these Regulations “the 2005 Regulations” means the Social Security (Graduated Retirement Benefit) Regulations 2005(3).

Amendment of the Social Security (Graduated Retirement Benefit) (No. 2) Regulations 1978

2.—(1) The Social Security (Graduated Retirement Benefit) (No. 2) Regulations 1978(4) shall be amended in accordance with the following paragraphs.

(2) In paragraph (c) of regulation 2 (application of sections 150 and 155 of the Social Security Administration Act 1992)(5), for “widows and widowers” substitute “widows, widowers and surviving civil partners”.

(3) In paragraph (2) of regulation 3 (continuation in force of sections 36, 37 and 118(1) of the 1965 Act)—

(a)omit “and” at the end of sub-paragraph (b); and

(b)at the end of sub-paragraph (c), add—

; and

(d)to extend section 37 of the 1965 Act (increase of women’s retirement pension by reference to her late husband’s graduated retirement benefit) to civil partners and surviving civil partners.

(4) In Schedule 1 (sections 36 and 37 of the National Insurance Act 1965 as continued in force by these Regulations) in section 37 (inherited graduated retirement benefit)—

(a)in subsection (1)—

(i)in paragraph (b), after “time of her death” insert—

; or

(c)where a person, having paid graduated contributions as an insured person, dies on or after 5th December 2005 leaving a surviving civil partner, and they have both attained pensionable age at the time of his or her death,; and

(ii)in the full-out words—

(aa)for “widow or widower” substitute “widow, widower or surviving civil partner”; and

(bb)after “former spouse” insert “or civil partner”;

(b)in subsection (2), after “spouse's” (in each place) insert “or civil partner's”;

(c)in subsection (3), after “marriage” insert “or civil partnership”; and

(d)in subsection (4)—

(i)after “marries” insert “, or as the case may be, a civil partner he or she forms a civil partnership with,”;

(ii)after “married” insert “or who has formed a civil partnership more than once or who has been both married and a civil partner”; and

(iii)after “spouses” insert “or civil partners”.

(5) In paragraph 3 (graduated retirement benefit of persons who have been married more than once) of Schedule 3 (regulations 2 and 3 as modified by these Regulations)—

(a)after “who has been married more than once” insert “or has formed more than one civil partnership or who has been both married and a civil partner”; and

(b)after “spouse” insert (in each place) “or civil partner”.

Amendment of the 2005 Regulations

3.—(1) Schedule 1 to the 2005 Regulations(6) shall be amended in accordance with the following paragraphs.

(2) In paragraph 7 (increase or lump sum where pensioner’s deceased spouse has deferred entitlement)—

(a)in the heading preceding it, after “spouse” insert “or civil partner”;

(b)in head (a) of sub-paragraph (1), for “widow or widower” substitute “widow, widower or surviving civil partner”; and

(c)in head (b) of sub-paragraph (1)—

(i)after “married to” insert “or in a civil partnership with”; and

(ii)after “marriage” insert “or civil partnership”.

(3) In paragraph 8 (entitlement where pensioner’s deceased spouse has deferred entitlement)—

(a)in the heading preceding it, after “spouse” insert “or civil partner”; and

(b)in sub-paragraph (1)—

(i)for “widow or widower” substitute “widow, widower or surviving civil partner”;

(ii)after “married to” insert “or in a civil partnership with”; and

(iii)after “marriage” insert “or civil partnership”.

(4) In paragraph 9 (entitlement to lump sum where pensioner’s deceased spouse has deferred entitlement)—

(a)in the heading preceding it, after “spouse” insert “or civil partner”; and

(b)in sub-paragraph (2), after “widowed person's” insert “or surviving civil partner's”.

(5) In paragraph 10 (calculation of the widowed person’s lump sum)—

(a)in the heading preceding it, after “widowed person's” insert “or surviving civil partner's”;

(b)in sub-paragraph (1), after “widowed person's” insert “or surviving civil partner's”; and

(c)in sub-paragraph (2), in the definition of “S” after “marriage” insert “or civil partnership”.

(6) In paragraph 17 (choice between increase and lump sum where person’s deceased spouse had deferred entitlement to graduated retirement benefit)—

(a)in the heading preceding it, after “spouse” insert “or civil partner”;

(b)in head (a) of sub-paragraph (1)—

(i)for “widow or widower” substitute “widow, widower or surviving civil partner”; and

(c)in head (b) of sub-paragraph (1)—

(i)after “married to” substitute “or in a civil partnership with”; and

(ii)after “marriage” insert “or civil partnership”.

(7) In paragraph 18 (increase where person’s deceased spouse has deferred entitlement to graduated retirement benefit)—

(a)in the heading preceding it, after “spouse” insert “or civil partner”;

(b)in sub-paragraph (1)—

(i)for “widow or widower” substitute (in each place) “widow, widower or surviving civil partner”;

(ii)after “married to” insert “or in a civil partnership with”; and

(iii)after “marriage” insert “or civil partnership”.

(8) In paragraph 19 (entitlement to lump sum where person’s deceased spouse has deferred entitlement to graduated retirement pension)—

(a)in the heading preceding it, after “spouse” insert “or civil partner”; and

(b)in sub-paragraph (2), after “widowed person's” insert “or surviving civil partner's”.

(9) In paragraph 20 (calculation of widowed person’s lump sum)—

(a)in the heading preceding it and in sub-paragraph (1), after “widowed person's” insert “or surviving civil partner's”; and

(b)in sub-paragraph (2), in the definition of “S” after “other party to the marriage” insert “or civil partnership”.

(10) After paragraph 20(7) insert—

Transitional provision relating to widower’s entitlement to increase of graduated retirement benefit or lump sum

20ZA.  In the case of a widower who attains pensionable age before 6th April 2010, paragraphs 17 to 19 shall not apply unless he was over pensionable age when his wife died.

Transitional provision relating to civil partner’s entitlement to increase of graduated retirement benefit or lump sum

20ZB.  In the case of a civil partner who attains pensionable age before 6th April 2010, paragraphs 17 to 19 shall not apply unless he or she was over pensionable age when his or her civil partner died..

Amendment of the Social Security (Claims and Payments) Regulations 1987

4.  In regulation 30 of the Social Security (Claims and Payments) Regulations 1987(8) (payments on death)—

(a)in paragraph (5) (posthumous claims) for “(5F)” substitute “(5G)”; and

(b)for paragraphs (5A) to (5F)(9) substitute—

(5A) Subject to paragraphs (5B) to (5G), a claim may be made in accordance with paragraph (5) on behalf of the deceased for a Category A or Category B retirement pension or graduated retirement benefit provided that the deceased was not married or in a civil partnership on the date of his death.

(5B) But, subject to paragraphs (5C) to (5G), a claim may be made in accordance with paragraph (5) on behalf of the deceased for a Category A or Category B retirement pension or graduated retirement benefit where the deceased was a married woman or a civil partner on the date of death if the deceased’s widower or surviving civil partner was under pensionable age on that date and due to attain pensionable age before 6th April 2010.

(5C) Where a claim is made for a shared additional pension under paragraph (5) or for a retirement pension or graduated retirement benefit under paragraphs (5) and (5A) or (5B), in determining the benefit to which the deceased would have been entitled if he had claimed within the prescribed time, the prescribed time shall be the period of three months ending on the date of his death and beginning with any day on which, apart from satisfying the condition of making a claim, he would have been entitled to the pension or benefit.

(5D) Paragraph (5E) applies where, throughout the period of 12 months ending with the day before the death of the deceased person, his entitlement to a Category A or a Category B retirement pension, shared additional pension or graduated retirement benefit was deferred in accordance with, as the case may be—

(a)section 55 of the Contributions and Benefits Act(10) (pension increase or lump sum where entitlement to retirement pension is deferred);

(b)section 55C of that Act(11) (pension increase or lump sum where entitlement to shared additional pension is deferred); or

(c)section 36(4A) of the National Insurance Act 1965(12) (deferment of graduated retirement benefit).

(5E) Where a person claims under paragraph (5) or under paragraphs (5) and (5A) or (5B) the deceased shall be treated as having made an election in accordance with, as the case may be—

(a)paragraph A1(1)(a) of Schedule 5 to the Contributions and Benefits Act(13) (electing to have an increase of pension), where paragraph (5D)(a) applies;

(b)paragraph 1(1)(a) of Schedule 5A to that Act(14) (electing to have an increase of a shared additional pension) where paragraph (5D)(b) applies; or

(c)paragraph 12(1)(a) of Schedule 1 to the Social Security (Graduated Retirement Benefit) Regulations 2005(15) (electing to have an increase of benefit), where paragraph (5D)(c) applies.

(5F) Paragraph (5G) applies where—

(a)the deceased person was a widow, widower or surviving civil partner (“W”) who was married to, or in a civil partnership with, the other party of the marriage or civil partnership (“S”) when S died;

(b)throughout the period of 12 months ending with the day before S’s death, S’s entitlement to a Category A or a Category B retirement pension or graduated retirement benefit was deferred in accordance with, as the case may be, paragraph (5D)(a) or (c); and

(c)W made no statutory election in consequence of the deferral.

(5G) Where a person claims under paragraphs (5) and (5A) the deceased (“W”) shall be treated as having made an election in accordance with, as the case may be—

(a)paragraph 3C(2)(a) of Schedule 5 to the Contributions and Benefits Act(16) (electing to have an increase of pension), where paragraph (5D)(a) applies; or

(b)paragraph 17(2)(a) of Schedule 1 to the Social Security (Graduated Retirement Benefit) Regulations 2005 (electing to have an increase in benefit), where paragraph (5D)(c) applies..

Signed by authority of the Secretary of State for Work and Pensions.

Philip A. Hunt

Parliamentary Under-Secretary of State,

Department for Work and Pensions

3rd November 2005

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