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

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

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4.  In regulation 30 of the Social Security (Claims and Payments) Regulations 1987(1) (payments on death)—

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

(b)for paragraphs (5A) to (5F)(2) 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(3) (pension increase or lump sum where entitlement to retirement pension is deferred);

(b)section 55C of that Act(4) (pension increase or lump sum where entitlement to shared additional pension is deferred); or

(c)section 36(4A) of the National Insurance Act 1965(5) (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(6) (electing to have an increase of pension), where paragraph (5D)(a) applies;

(b)paragraph 1(1)(a) of Schedule 5A to that Act(7) (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(8) (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(9) (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..

(2)

Paragraphs (5A) to (5F) were inserted by S.I. 2005/455 and amended by S.I. 2005/1551.

(3)

Section 55 was substituted by the Pensions Act 2004 (c. 35), section 297.

(4)

Section 55C was inserted by the Welfare Reform and Pensions Act 1999 (c. 30), Schedule 6, paragraphs 1 and 3, and substituted by the Pensions Act 2004, section 297.

(5)

1965 c. 51; section 36 is continued in force and modified by S.I. 1978/393; subsection (4A) was inserted by S.I. 2005/454.

(6)

Paragraph A1 was inserted by the Pensions Act 2004, Schedule 11, paragraph 4.

(7)

Schedule 5A was inserted by the Pensions Act 2004, Schedule 11, paragraph 15.

(8)

S.I. 2005/454; Schedule 1 has effect by virtue of section 36(4) of the National Insurance Act 1965 as amended by S.I. 2005/454.

(9)

Paragraph 3C was inserted by the Pensions Act 2004, Schedule 11, paragraph 9.

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