# The Social Security (Graduated Retirement Benefit) Regulations 2005, Paragraph 7: Increase or lump sum where pensioner's deceased spouse or civil partner has deferred entitlement

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 a Category A or Category B retirement pension 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) Where W elects—
(a) that paragraph 4 of Schedule 5 (increase of pension) is to apply in relation to the period of deferment, paragraph 8 of this Schedule shall also apply in relation to that period;
(b) that paragraph 7A of Schedule 5 (lump sum) is to apply in relation to the period of deferment, paragraph 9 of this Schedule shall also apply in relation to that period.
(3) The reference to an election in sub-paragraph (2) includes an election W is treated as having made under paragraph 3C(3) of Schedule 5.

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Source: https://www.legislation.gov.uk/uksi/2005/454/schedule/1/paragraph/7 (the official version)
Page: https://openlegislation.uk/social-security-graduated-retirement-benefit-regulations-2005/schedule-1/paragraph-7
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.