The State Pension Regulations (Northern Ireland) 2015

[F1 Survivor’s state pension based on inheritance of deferred graduated retirement benefit N.I.

20.— (1) A person (“P”) is entitled to a state pension under this regulation if—

(a) P has reached pensionable age;

(b) P’s spouse died while they were married or P’s civil partner died while they were civil partners of each other;

(c) either—

(i) P was under pensionable age when the spouse or civil partner died and did not marry or form a civil partnership between the date of death and the date P reached pensionable age; or

(ii) P was over pensionable age when the spouse or civil partner died;

(d) either—

(i) P’s spouse or civil partner was entitled to an increase in graduated retirement benefit; or

(ii) P’s spouse’s or civil partner’s entitlement to graduated retirement benefit was deferred when the spouse or civil partner died;

(e) where P is entitled to a choice under regulation 18, P has chosen to be paid a state pension under this regulation; and

(f) where P is not entitled to a choice under regulation 18 because regulation 18(8) applies to P, P is to be paid a state pension under this regulation by virtue of regulation 18(9)(b) or (10)(b).

(2) Subject to paragraph (3), a state pension under this regulation is payable at a weekly rate equal to half of the weekly rate of—

(a) the deceased spouse’s or civil partner’s increase in graduated retirement benefit; or

(b) where the deceased spouse’s or civil partner’s entitlement to graduated retirement benefit was deferred when the deceased died, the increase in graduated retirement benefit, determined in accordance with paragraph (4), that would have been payable if the deferral had ended immediately before the deceased’s death.

(3) For the purposes of paragraph (2), if at any time an order under section 132B of the Administration Act comes into operation, the rate of P’s state pension under this regulation is increased (at that time) by the percentage specified in the order.

(4) For the purposes of paragraph (2), the increase is to be determined as if—

(a) any provisions in orders under section 132 of the Administration Act which—

(i) increase the weekly rate of the graduated retirement benefit; and

(ii) have come into operation between the date of the deceased’s death and the date on which P reaches pensionable age,

had come into operation before the date of death; and

(b) the weekly rate of the deceased spouse’s or civil partner’s increase did not include any addition under section 36(1) of the 1966 Act (special provisions as to graduated retirement benefit for widows, widowers and surviving civil partnerships).

(5) In this regulation, “increase in graduated retirement benefit” means an increase determined in accordance with section 35(4) of the 1966 Act (graduated retirement benefit).]

Textual Amendments

F1 Pts. 6, 7 added (6.4.2016) by The State Pension (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/80), regs. 1, 2(4)