Part II Benefit
Graduated retirement benefit
E1C1C237 Special provisions as to graduated retirement benefit for widows and widowers.
C3C4C5C6C7C9C8C10C111
Subject to the provisions of this section F1and to Schedule 1 to the 2005 RegulationsF2, where a person, having paid graduated contributions as an insured person, dies leaving a widow, widowerF6F7, surviving same sex spouse or surviving civil partner and the survivor—
a
has attained pensionable age at the time of the death; or
b
remains that person's widow, widowerF6, surviving same sex spouse or surviving civil partner (as the case may be) when attaining pensionable age,
then section 36 of this Act shall apply as if the increase in the weekly rate of the retirement pension of the widow or widowerF6, surviving same sex spouse, as the case may be, provided for by subsection (1) thereof were the amount there specified by reference to his or her graduated contributions with the addition of one-half of the weekly rate of the graduated retirement benefit of his or her former spouse (any amount including ½p being rounded to the next whole penny above)F3. . . .
2
For the purposes of subsection (1) of this section, the weekly rate of the deceased spouse’s graduated retirement benefit shall (whether or not he or she was receiving or entitled to receive any such benefit) be taken to have been the weekly rate appropriate to the amount of graduated contributions paid by him or her (determined as if any orders which have come into force under section 124 of the Act (increases in rates of benefit) since the date of the deceased spouse’s death had come into force before that date), excluding any addition under section 37(1) of this Act, but including any addition under section 36(4) thereof (and for the purpose of calculating the addition under section 36(4), taking into account any addition under section 37(1)); and where at his or her death he or she had attained pensionable age but had F4not become entitled to graduated retirement benefit, that addition shall be computed as if he or she had F5. . . become entitled to graduated retirement benefit immediately before his or her death.
3
A person’s right to graduated retirement benefit by virtue of this section shall be brought into account under section 36(4) of this Act in determining the graduated retirement benefit payable to him or her under the said section 36:
Provided that, if the termination of the marriage by death occurred after he or she attained pensionable age, he or she shall for the purposes of this subsection be treated as not having attained pensionable age until the date of that termination.
4
A person’s right to graduated retirement benefit by virtue of this section in respect of a spouse he or she marries after attaining pensionable age shall be subject to such additional conditions as may be prescribed; and except as may be provided by regulations a person more than once married shall not be entitled for the same period to any graduated retirement benefit by virtue of this section in respect of more than one of his or her spouses.
5
Regulations may provided that where a woman is entitled to graduated retirement benefit and to a widowed mother’s allowance the graduated retirement benefit shall be an increase in the weekly rate of that allowance; and where the benefit is such an increase, section 36(7) of this Act shall not apply.