The Social Security (Graduated Retirement Benefit) Regulations 2005

Increase where person’s deceased spouse has deferred entitlement to graduated retirement benefit

18.—(1) This paragraph applies where a widow or widower is entitled to graduated retirement benefit, was married to the other party to the marriage 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(1) or under Schedule 3 to the Social Security (Consequential Provisions) Act 1992(2).

(1)

1975 c. 18.

(2)

1992 c. 6.