{
  "url": "https://openlegislation.uk/social-security-graduated-retirement-benefit-regulations-northern-ireland-2005/schedule-1/paragraph-17",
  "json_url": "https://openlegislation.uk/social-security-graduated-retirement-benefit-regulations-northern-ireland-2005/schedule-1/paragraph-17.json",
  "legislation": "nisr/2005/121",
  "legislation_title": "The Social Security (Graduated Retirement Benefit) Regulations (Northern Ireland) 2005",
  "legislation_url": "https://openlegislation.uk/social-security-graduated-retirement-benefit-regulations-northern-ireland-2005",
  "path": "schedule/1/paragraph/17",
  "kind": "paragraph",
  "number": "17",
  "heading": "Choice between increase and lump sum where person’s deceased spouse or deceased 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 a 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 20D and in the manner prescribed in paragraph 20E.\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 20F.",
  "extent": "N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in Sch. 1 para. 17(1)(a) substituted (5.12.2005) by The Social Security (Retirement Pensions and Graduated Retirement Benefit) (Widowers and Civil Partnership) Regulations (Northern Ireland) 2005 (S.R. 2005/541), regs. 1(c), 4(6)(b)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in Sch. 1 para. 17(1)(b) substituted (5.12.2005) by virtue of The Social Security (Retirement Pensions and Graduated Retirement Benefit) (Widowers and Civil Partnership) Regulations (Northern Ireland) 2005 (S.R. 2005/541), regs. 1(c), 4(6)(c)(i)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in Sch. 1 para. 17(1)(b) inserted (5.12.2005) by The Social Security (Retirement Pensions and Graduated Retirement Benefit) (Widowers and Civil Partnership) Regulations (Northern Ireland) 2005 (S.R. 2005/541), regs. 1(c), 4(6)(c)(ii)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Sch. 1 para. 17(3) substituted (6.4.2006) by The Social Security (Deferral of Retirement Pensions, Shared Additional Pension and Graduated Retirement Benefit) (Miscellaneous Provisions) Regulations (Northern Ireland) 2006 (S.R. 2006/104), regs. 1(1), 7(2)(c)(i)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Word in Sch. 1 para. 17(4) substituted (6.4.2006) by The Social Security (Deferral of Retirement Pensions, Shared Additional Pension and Graduated Retirement Benefit) (Miscellaneous Provisions) Regulations (Northern Ireland) 2006 (S.R. 2006/104), regs. 1(1), 7(2)(c)(ii)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Sch. 1 para. 17(5) substituted (6.4.2006) by The Social Security (Deferral of Retirement Pensions, Shared Additional Pension and Graduated Retirement Benefit) (Miscellaneous Provisions) Regulations (Northern Ireland) 2006 (S.R. 2006/104), regs. 1(1), 7(2)(c)(iii)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Words in Sch. 1 para. 17 heading inserted (5.12.2005) by The Social Security (Retirement Pensions and Graduated Retirement Benefit) (Widowers and Civil Partnership) Regulations (Northern Ireland) 2005 (S.R. 2005/541), regs. 1(c), 4(6)(a)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 1 para. 17 in operation at 6.4.2005, see reg. 1(1)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/2005/121/schedule/1/paragraph/17",
    "retrieved_at": "2026-10-29T01:53:32.188904+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."
}