Amendment of the 2005 Regulations
3.—(1) Schedule 1 to the 2005 Regulations(1) shall be amended in accordance with the following paragraphs.
(2) In paragraph 7 (increase or lump sum where pensioner’s deceased spouse has deferred entitlement)—
(a)in the heading preceding it, after “spouse” insert “or civil partner”;
(b)in head (a) of sub-paragraph (1), for “widow or widower” substitute “widow, widower or surviving civil partner”; and
(c)in head (b) of sub-paragraph (1)—
(i)after “married to” insert “or in a civil partnership with”; and
(ii)after “marriage” insert “or civil partnership”.
(3) In paragraph 8 (entitlement where pensioner’s deceased spouse has deferred entitlement)—
(a)in the heading preceding it, after “spouse” insert “or civil partner”; and
(b)in sub-paragraph (1)—
(i)for “widow or widower” substitute “widow, widower or surviving civil partner”;
(ii)after “married to” insert “or in a civil partnership with”; and
(iii)after “marriage” insert “or civil partnership”.
(4) In paragraph 9 (entitlement to lump sum where pensioner’s deceased spouse has deferred entitlement)—
(a)in the heading preceding it, after “spouse” insert “or civil partner”; and
(b)in sub-paragraph (2), after “widowed person's” insert “or surviving civil partner's”.
(5) In paragraph 10 (calculation of the widowed person’s lump sum)—
(a)in the heading preceding it, after “widowed person's” insert “or surviving civil partner's”;
(b)in sub-paragraph (1), after “widowed person's” insert “or surviving civil partner's”; and
(c)in sub-paragraph (2), in the definition of “S” after “marriage” insert “or civil partnership”.
(6) In paragraph 17 (choice between increase and lump sum where person’s deceased spouse had deferred entitlement to graduated retirement benefit)—
(a)in the heading preceding it, after “spouse” insert “or civil partner”;
(b)in head (a) of sub-paragraph (1)—
(i)for “widow or widower” substitute “widow, widower or surviving civil partner”; and
(c)in head (b) of sub-paragraph (1)—
(i)after “married to” substitute “or in a civil partnership with”; and
(ii)after “marriage” insert “or civil partnership”.
(7) In paragraph 18 (increase where person’s deceased spouse has deferred entitlement to graduated retirement benefit)—
(a)in the heading preceding it, after “spouse” insert “or civil partner”;
(b)in sub-paragraph (1)—
(i)for “widow or widower” substitute (in each place) “widow, widower or surviving civil partner”;
(ii)after “married to” insert “or in a civil partnership with”; and
(iii)after “marriage” insert “or civil partnership”.
(8) In paragraph 19 (entitlement to lump sum where person’s deceased spouse has deferred entitlement to graduated retirement pension)—
(a)in the heading preceding it, after “spouse” insert “or civil partner”; and
(b)in sub-paragraph (2), after “widowed person's” insert “or surviving civil partner's”.
(9) In paragraph 20 (calculation of widowed person’s lump sum)—
(a)in the heading preceding it and in sub-paragraph (1), after “widowed person's” insert “or surviving civil partner's”; and
(b)in sub-paragraph (2), in the definition of “S” after “other party to the marriage” insert “or civil partnership”.
(10) After paragraph 20(2) insert—
“Transitional provision relating to widower’s entitlement to increase of graduated retirement benefit or lump sum
20ZA. In the case of a widower who attains pensionable age before 6th April 2010, paragraphs 17 to 19 shall not apply unless he was over pensionable age when his wife died.
Transitional provision relating to civil partner’s entitlement to increase of graduated retirement benefit or lump sum
20ZB. In the case of a civil partner who attains pensionable age before 6th April 2010, paragraphs 17 to 19 shall not apply unless he or she was over pensionable age when his or her civil partner died.”.
S.I.2005/454. Schedule 1 has effect by virtue of section 36(4) of the 1965 Act as amended by S.I. 1978/393.
Paragraphs 20A to 20D are inserted by S.I. 2005/2677.