[F1 PART 6 N.I. 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)

Survivor’s state pension under regulation 15: inherited amount N.I.

16.— (1) For the purposes of regulation 15(2)(d), a person (“P”) is entitled to an inherited amount if—

(a) P’s spouse or civil partner died before 6th April 2016;

(b) P was under pensionable age when the spouse or civil partner died; and

(c) P has not married or formed a civil partnership after the death and before the time P reaches pensionable age.

(2) For the purposes of regulation 15(2)(d), P is entitled to an inherited amount if—

(a) P’s spouse or civil partner reached pensionable age before 6th April 2016 but died on or after 6th April 2016;

(b) P was under pensionable age when the spouse or civil partner died; and

(c) P has not married or formed a civil partnership after the death and before the time P reaches pensionable age.

(3) For the purposes of regulation 15(2)(d), P is entitled to an inherited amount if—

(a) the spouse or civil partner reached pensionable age before 6th April 2016 but died on or after 6th April 2016; and

(b) P was over pensionable age when the spouse or civil partner died.

(4) The inherited amount is half of the weekly rate of the deceased spouse’s or civil partner’s graduated retirement benefit, determined in accordance with paragraph (5), on the date referred to in paragraph (6) (whether or not the deceased was receiving, or entitled to receive, any such benefit).

(5) The determination for the purposes of paragraph (4) is carried out by—

(a) taking the weekly rate of graduated retirement benefit appropriate to the amount of graduated contributions paid by the deceased;

(b) determining that weekly rate as if any provisions in orders under section 132 of the Administration Act (annual up-rating of benefits) which—

(i) increase that weekly rate; and

(ii) have come into operation since the date of the deceased’s death,

had come into operation before that date; and

(c) excluding any addition under—

(i) section 35(4) of the 1966 Act (graduated retirement benefit); or

(ii) section 36(1) of that Act (special provisions as to graduated retirement benefit for widows, widowers and surviving civil partnerships).

(6) The date mentioned in paragraph (4) is—

(a) where the person falls within paragraph (1) or (2), the date on which the person reaches pensionable age; or

(b) where the person falls within paragraph (3), the date on which the person’s spouse or civil partner died.]