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The Social Security (Graduated Retirement Benefit) Regulations 2005

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Changes over time for: Paragraph 8

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There are currently no known outstanding effects for the The Social Security (Graduated Retirement Benefit) Regulations 2005, Paragraph 8. Help about Changes to Legislation

Increase where pensioner's deceased spouse [F1or civil partner] has deferred entitlementE+W+S

This section has no associated Explanatory Memorandum

8.—(1) This paragraph applies where a [F2widow, widower or surviving civil partner] is entitled to a Category A or Category B retirement pension, 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)paragraph 7(2)(a) applies; or

(c)paragraph 7 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 M1 as continued in force by virtue of regulations made under Schedule 3 to the Social Security (Consequential Provisions) Act 1975 M2 or under Schedule 3 to the Social Security (Consequential Provisions) Act 1992 M3.

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