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

Amendment of the Social Security (Graduated Retirement Benefit) Regulations

4.—(1) Schedule 1 to the Social Security (Graduated Retirement Benefit) Regulations (Northern Ireland) 2005 (further provisions replacing section 35(4) of the 1966 Act: increases of graduated retirement benefit and lump sums) shall be amended in accordance with paragraphs (2) to (10).

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

(a) in the heading, after “deceased spouse” there shall be inserted “or deceased civil partner”;

(b) in sub-paragraph (1)(a), for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”; and

(c) in sub-paragraph (1)(b)—

(i) after “married to” there shall be inserted “or in a civil partnership with”, and

(ii) after “marriage” there shall be inserted “or civil partnership”.

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

(a) in the heading, after “deceased spouse” there shall be inserted “or deceased civil partner”; and

(b) in sub-paragraph (1)—

(i) for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”,

(ii) after “married to” there shall be inserted “or in a civil partnership with”, and

(iii) after “marriage” there shall be inserted “or civil partnership”.

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

(a) in the heading, after “deceased spouse” there shall be inserted “or deceased civil partner”; and

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

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

(a) in the heading, after “widowed person's” there shall be inserted “or surviving civil partner's”;

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

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

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

(a) in the heading, after “deceased spouse” there shall be inserted “or deceased civil partner”;

(b) in sub-paragraph (1)(a), for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”; and

(c) in sub-paragraph (1)(b)—

(i) after “married to” there shall be substituted “or in a civil partnership with”, and

(ii) after “marriage” there shall be inserted “or civil partnership”.

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

(a) in the heading, after “deceased spouse” there shall be inserted “or deceased civil partner”;

(b) in sub-paragraph (1)—

(i) for “widow or widower” (in each place where it occurs) there shall be substituted “widow, widower or surviving civil partner”,

(ii) after “married to” there shall be inserted “or in a civil partnership with”, and

(iii) after “marriage” there shall be inserted “or civil partnership”.

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

(a) in the heading, after “deceased spouse” there shall be inserted “or deceased civil partner”; and

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

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

(a) in the heading and in sub-paragraph (1), after “widowed person's” there shall be inserted “or surviving civil partner's”; and

(b) in sub-paragraph (2), in the definition of “S”, after “marriage” there shall be inserted “or civil partnership”.

(10) After paragraph 20 there shall be inserted the following paragraphs—

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

20A.   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

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