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

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision relating to widowers, civil partners and surviving civil partners.

Regulations 2 and 3 amend, respectively, the Social Security (Graduated Retirement Benefit) (No.2) Regulations 1978 and the Social Security (Graduated Retirement Benefit) Regulations 2005. These amendments extend to civil partners the same inheritance rights as apply to widowers in respect of a deceased person’s graduated retirement benefit, including any increments or lump sum in a case where the deceased had deferred his or her entitlement.

Regulation 4 amends paragraphs (5A) to (5F) of regulation 30 of the Social Security (Claims and Payments) Regulations 1987 (claims for a Category A or B retirement pension, shared additional pension or graduated retirement benefit made on behalf of a person who has died where the person had deferred entitlement to the pension or benefit). The amendments extend these provisions to civil partners and they enable a claim for a Category A or B retirement pension or graduated retirement benefit to be made where a widower is under pension age at the time of his wife’s death.

A full Regulatory Impact Assessment has not been provided for this Instrument as it has no impact on the costs of business, charities and voluntary bodies.