Increase where person's deceased spouse [F1or civil partner] has deferred entitlement to graduated retirement benefitE+W+S
18.—(1) This paragraph applies where a [F2widow, widower or surviving civil partner] is entitled to graduated retirement benefit, was married to [F3or in a civil partnership with] the other party to the marriage [F4or civil partnership] when S died and one of the following conditions is met—
(a)S was entitled to graduated retirement benefit with an increase under this Schedule;
(b)W is a widow or widower to whom paragraph 17 applies and has made an election under paragraph 17(2)(a); or
(c)paragraph 17 would apply to W but for the fact that the condition in sub-paragraph (1)(d) of that paragraph is not met.
(2) The increase in the weekly rate of W's graduated retirement benefit shall, in a case to which sub-paragraph (1) applies, be determined in accordance with section 37 of the 1965 Act as continued in force by virtue of regulations made under Schedule 3 to the Social Security (Consequential Provisions) Act 1975 M1 or under Schedule 3 to the Social Security (Consequential Provisions) Act 1992 M2.
Textual Amendments
F1Words in Sch. 1 para. 18 inserted (5.12.2005) by Social Security (Retirement Pensions and Graduated Retirement Benefit) (Widowers and Civil Partnership) Regulations 2005 (S.I. 2005/3078), regs. 1(1)(c), 3(7)(a)
F2Words in Sch. 1 para. 18(1) substituted (5.12.2005) by Social Security (Retirement Pensions and Graduated Retirement Benefit) (Widowers and Civil Partnership) Regulations 2005 (S.I. 2005/3078), regs. 1(1)(c), 3(7)(b)(i)
F3Words in Sch. 1 para. 18(1) inserted (5.12.2005) by Social Security (Retirement Pensions and Graduated Retirement Benefit) (Widowers and Civil Partnership) Regulations 2005 (S.I. 2005/3078), regs. 1(1)(c), 3(7)(b)(ii)
F4Words in Sch. 1 para. 18(1) inserted (5.12.2005) by Social Security (Retirement Pensions and Graduated Retirement Benefit) (Widowers and Civil Partnership) Regulations 2005 (S.I. 2005/3078), regs. 1(1)(c), 3(7)(b)(iii)
Marginal Citations