The State Pension Regulations 2015

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

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

(a) that person has reached pensionable age;

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

(c) either—

(i) that person 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 that person reached pensionable age; or

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

(d) either—

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

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

(e) in the case of a person entitled to a choice under regulation 18, that person has chosen to be paid a state pension under this regulation; and

(f) in the case of a person who is not entitled to a choice under regulation 18 because regulation 18(8) applies to them, that person 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 they 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 their death.

(3) For the purposes of paragraph (2), if at any time an order under section 151A of the Administration Act comes into force, the rate of the person’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 150 of the Administration Act which—

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

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

had come into force 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 37(1) of the 1965 Act.

(5) In this regulation, “increase in graduated retirement benefit” means an increase determined in accordance with section 36(4) of the 1965 Act.]

Textual Amendments

F1 Pts. 6, 7 inserted (6.4.2016 immediately after S.I. 2015/173 comes into force) by The State Pension and Occupational Pension Schemes (Miscellaneous Amendments) Regulations 2016 (S.I. 2016/199), reg. 4 (with reg. 1(5))