PART 2Graduated retirement benefit - amendment of primary legislation

Amendment of the National Insurance Act 19654

1

Subsection (1) of section 37 (special provisions as to graduated retirement benefit for widows, widowers and surviving civil partners) is amended in accordance with this regulation.

2

For paragraphs (a) to (c) substitute—

, where a person, having paid graduated contributions as an insured person, dies leaving a widow, widower or surviving civil partner and the survivor—

a

has attained pensionable age at the time of the death; or

b

remains that person’s widow, widower or surviving civil partner (as the case may be) when attaining pensionable age,

3

Omit the words from “; and where a man” to the end of the subsection.

4

The amendment in paragraph (2) does not apply where the survivor attained pensionable age before 6th April 2010 (and it is immaterial for this purpose when the deceased person died).