# The Social Security (Graduated Retirement Benefit) Regulations 2005, Paragraph 17: Choice between increase and lump sum where person's deceased spouse or civil partner has deferred entitlement to graduated retirement benefit

Extent: E+W+S

(1) This paragraph applies where—
(a) a widow, widower or surviving civil partner (“W”) is entitled to a Category A or Category B retirement pension;
(b) W was married to or in a civil partnership with the other party to the marriage or civil partnership (“S”) when S died;
(c) S's entitlement to graduated retirement benefit was deferred when S died; and
(d) S's entitlement had been deferred throughout the period of 12 months ending with the day before S's death.
(2) W shall elect either that—
(a) paragraph 18; or
(b) paragraph 19,
is to apply in respect of S's period of deferment.
(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.
(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).
(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.

---
Source: https://www.legislation.gov.uk/uksi/2005/454/schedule/1/paragraph/17 (the official version)
Page: https://openlegislation.uk/social-security-graduated-retirement-benefit-regulations-2005/schedule-1/paragraph-17
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.