{
  "url": "https://openlegislation.uk/social-security-graduated-retirement-benefit-regulations-2005/schedule-1/paragraph-17",
  "json_url": "https://openlegislation.uk/social-security-graduated-retirement-benefit-regulations-2005/schedule-1/paragraph-17.json",
  "legislation": "uksi/2005/454",
  "legislation_title": "The Social Security (Graduated Retirement Benefit) Regulations 2005",
  "legislation_url": "https://openlegislation.uk/social-security-graduated-retirement-benefit-regulations-2005",
  "path": "schedule/1/paragraph/17",
  "kind": "paragraph",
  "number": "17",
  "heading": "Choice between increase and lump sum where person's deceased spouse or civil partner has deferred entitlement to graduated retirement benefit",
  "text": "(1) This paragraph applies where—\n(a) a widow, widower or surviving civil partner (“W”) is entitled to a Category A or Category B retirement pension;\n(b) W was married to or in a civil partnership with the other party to the marriage or civil partnership (“S”) when S died;\n(c) S's entitlement to graduated retirement benefit was deferred when S died; and\n(d) S's entitlement had been deferred throughout the period of 12 months ending with the day before S's death.\n(2) W shall elect either that—\n(a) paragraph 18; or\n(b) paragraph 19,\nis to apply in respect of S's period of deferment.\n(3) The election referred to in sub-paragraph (2) shall be made within the period prescribed in paragraph 20B and in the manner prescribed in paragraph 20C.\n(4) If no election under sub-paragraph (2) is made within the period referred to in sub-paragraph (3), the person is to be treated as having made an election under sub-paragraph (2)(b).\n(5) A person who has made an election under sub-paragraph (2) (including one that the person is treated by sub-paragraph (4) as having made) may change the election in the circumstances, manner and within the period prescribed in paragraph 20D.",
  "extent": "E+W+S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in Sch. 1 para. 17(1)(a) 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(6)(b)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in Sch. 1 para. 17(1)(b) 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(6)(c)(i)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in Sch. 1 para. 17(1)(b) 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(6)(c)(ii)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Sch. 1 para. 17(3) substituted (6.4.2006) by Social Security (Deferral of Retirement Pensions, Shared Additional Pension and Graduated Retirement Benefit) (Miscellaneous Provisions) Regulations 2005 (S.I. 2005/2677), regs. 1(1), 7(2)(c)(i)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Word in Sch. 1 para. 17(4) substituted (6.4.2006) by Social Security (Deferral of Retirement Pensions, Shared Additional Pension and Graduated Retirement Benefit) (Miscellaneous Provisions) Regulations 2005 (S.I. 2005/2677), regs. 1(1), 7(2)(c)(ii)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Sch. 1 para. 17(5) substituted (6.4.2006) by Social Security (Deferral of Retirement Pensions, Shared Additional Pension and Graduated Retirement Benefit) (Miscellaneous Provisions) Regulations 2005 (S.I. 2005/2677), regs. 1(1), 7(2)(c)(iii)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Words in Sch. 1 para. 17 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(6)(a)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2005/454/schedule/1/paragraph/17",
    "retrieved_at": "2026-10-29T05:08:31.708340+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}