SCHEDULE 1E+W+SFURTHER PROVISIONS REPLACING SECTION 36(4) OF THE NATIONAL INSURANCE ACT 1965: INCREASES OF GRADUATED RETIREMENT BENEFIT AND LUMP SUMS

Modifications etc. (not altering text)

C2Sch. 1 modified (with effect in accordance with art. 1(3)(a), 6 of the amending S.I.) by The Social Security Benefits Up-rating Order 2009 (S.I. 2009/497), arts. 1(2)(d), 12(3)

C4Sch. 1 sums amended (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(3)

C5Sch. 1 sums amended (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(3)

C6Sch. 1 sums amended (with effect in accordance with art. 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(3)

C7Sch. 1 sums amended (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(3)

C8Sch. 1 sums amended (11.3.2014 for specified purposes and with effect in accordance with arts. 1(2)(c)(l), (3), (4), 6) by The Social Security Benefits Up-rating Order 2014 (S.I. 2014/516), art. 1(2)(c)(l)(3)8(3)

C9Sch. 1 sums amended (3.3.2015 for specified purposes and with effect in accordance with arts. 1(2)(c)(3)(4), 6) by The Social Security Benefits Up-rating Order 2015 (S.I. 2015/457), art. 1(2)(c)(3)8(3)

C10Sch. 1 sums amended (with effect in accordance with arts. 1(3) (4) 7 of the amending S.I.) by The Social Security Benefits Up-rating Order 2017 (S.I. 2017/260), arts. 1(2)(c), 12(3)

C11Sch. 1 sums amended (with effect in accordance with arts. 1(3)(4), 7 of the amending S.I.) by The Social Security Benefits Up-rating Order 2018 (S.I. 2018/281), arts. 1(2)(c), 12(3)

C12Sch. 1 sums amended (with effect in accordance with art. 1(4)(5) 7 of the amending S.I.) by The Social Security Benefits Up-rating Order 2019 (S.I. 2019/480), arts. 1(3)(c), 12(3)

C13Sch. 1 sums amended (with effect in accordance with arts. 1(4)(5), 7 of the amending S.I.) by The Social Security Benefits Up-rating Order 2020 (S.I. 2020/234), arts. 1(3)(c), 12(3)

C14Sch. 1 sums amended (with effect in accordance with arts. 1(4)(5), 7 of the amending S.I.) by The Social Security Benefits Up-rating Order 2021 (S.I. 2021/162), arts. 1(3)(c), 12(3)

C15Sch. 1 sums amended (with effect in accordance with arts. 1(4)(5), 7 of the amending S.I.) by The Social Security Benefits Up Rating Order 2022 (S.I. 2022/292), arts. 1(3)(c), 12(3)

C16Sch. 1: sums amended (coming into force in accordance with arts. 1(4)(5), 7 of the amending S.I.) by The Social Security Benefits Up-rating Order 2024 (S.I. 2024/242), arts. 1(3)(c), 11(3)

PART 2E+W+SINCREASE OR LUMP SUM WHERE PERSON IS TREATED AS RECEIVING RETIREMENT PENSION AT A NOMINAL WEEKLY RATE

Calculation of widowed person's [F1or surviving civil partner's] lump sumE+W+S

20.—(1) The widowed person's [F2or surviving civil partner's] lump sum is the accrued amount for last accrual period beginning during the period which—

(a)began at the beginning of S's period of deferment; and

(b)ended on the day before S's death.

(2) In this paragraph—

“S” means the other party to the marriage [F3or civil partnership];

“accrued amount” means the amount calculated in accordance with sub-paragraph (3);

“accrual period” means any period of seven days beginning with the day of the week on which Category A or Category B retirement pension would have been payable to S in accordance with regulation 22(3) of, and paragraph 5 of Schedule 6 to, the Social Security (Claims and Payments) Regulations 1987 [F4or in accordance with regulation 22C(3) or (4) of those Regulations], if he had been entitled to it, where that day falls within S's period of deferment.

(3) The accrued amount for an accrual period for W is—

(4) For the purposes of sub-paragraph (3), any change in the Bank of England base rate is to be treated as taking effect—

(a)at the beginning of the accrual period immediately following the accrual period during which the change took effect; or

(b)if regulations under paragraph 7B(4) of Schedule 5 so provide, at such other time as may be prescribed.

(5) Regulation 3 of the Social Security (Deferral of Retirement Pensions) Regulations 2005 M1 shall have effect for the purposes of this paragraph in like manner to graduated retirement benefit as it does to retirement pension in the calculation of the lump sum under paragraph 7B of Schedule 5.

(6) In any case where—

(a)there is a period between the death of S and the date on which W becomes entitled to graduated retirement benefit; and

(b)one or more orders have come into force under section 150 of the Administration Act during that period,

the amount of the lump sum shall be increased in accordance with that order or those orders.

Textual Amendments

Modifications etc. (not altering text)

C17Sch. 1 para. 20(6) modified by S.I. 2015/173, reg. 19 (as inserted (6.4.2016 coming into force in accordance with reg. 1(4)) by The State Pension and Occupational Pension Schemes (Miscellaneous Amendments) Regulations 2016 (S.I. 2016/199), regs. 1(4), 4 (with reg. 1(5)))

Marginal Citations