Civil Partnership Bill [HL]

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

Civil Partnership Bill [HL]

Civil Partnership Bill [HL]
Schedule 24 — Social security, child support and tax credits
Part 3 — Amendments of the Social Security Contributions and Benefits Act 1992 (c. 4)
322

      (2)
In subsection (3), after “remarries” insert “or forms a civil partnership”.
      (3)
After subsection (4)(b) insert “or
(c)
for any period during which she and a woman who is not her
civil partner are living together as if they were civil partners.”
17    (1)
Amend section 38 (widow’s pension) as follows.
5
      (2)
In subsection (2), after “remarries” insert “or forms a civil partnership”.
      (3)
After subsection (3)(c) insert “or
(d)
for any period during which she and a woman who is not her
civil partner are living together as if they were civil partners.”
18    (1)
Amend section 39A (widowed parent’s allowance) as follows.
10
      (2)
After “spouse” (in each place other than subsections (2)(b) and (4)), insert “or
civil partner”.
      (3)
After “spouse’s” (in each place) insert “or civil partner’s”.
      (4)
In subsection (2), after paragraph (b) insert “or
(c)
the surviving civil partner is a woman who—
15
(i)
was residing together with the deceased civil partner
immediately before the time of the death, and
(ii)
is pregnant as the result of being artificially
inseminated before that time with the semen of some
person, or as a result of the placing in her before that
20
time of an embryo, of an egg in the process of
fertilisation, or of sperm and eggs.”
      (5)
In subsection (4), after “remarries” insert “or forms a civil partnership”.
      (6)
After subsection (4) insert—
“(4A)
The surviving civil partner shall not be entitled to the allowance for
25
any period after she or he forms a subsequent civil partnership or
marries, but, subject to that, the surviving civil partner shall continue
to be entitled to it for any period throughout which she or he—
(a)
satisfies the requirements of subsection (2)(a) or (b) above;
and
30
(b)
is under pensionable age.”
      (7)
After subsection (5)(b) insert “or
(c)
for any period during which the surviving spouse or civil
partner and a person of the same sex who is not his or her
civil partner are living together as if they were civil partners.”
35
19    (1)
Amend section 39B (bereavement allowance where no dependent children)
as follows.
      (2)
After “spouse” (in each place) other than subsection (4), insert “or civil
partner”.
      (3)
After “spouse’s” (in each place) insert “or civil partner’s”.
40
      (4)
In subsection (4), after “remarries” insert “or forms a civil partnership”.
      (5)
After subsection (4) insert—
“(4A)
The surviving civil partner shall not be entitled to the allowance for
any period after she or he forms a subsequent civil partnership or
marries, but, subject to that, the surviving civil partner shall continue
45
to be entitled to it until—

Civil Partnership Bill [HL]
Schedule 24 — Social security, child support and tax credits
Part 3 — Amendments of the Social Security Contributions and Benefits Act 1992 (c. 4)
323

(a)
she or he attains pensionable age, or
(b)
the period of 52 weeks mentioned in subsection (3) above
expires,

whichever happens first.”
      (6)
After subsection (5)(b) insert “or
5
(c)
for any period during which the surviving spouse or civil
partner and a person of the same sex who is not his or her
civil partner are living together as if they were civil partners.”
20
In section 39C (rate of widowed parent’s allowance and bereavement
allowance)—
10
(a)
after “spouse” (in each place) insert “or civil partner”, and
(b)
in subsection (5), after “spouse’s” insert “or civil partner’s”.
21
In section 46 (modifications of section 45 for calculating the additional
pension in certain benefits)—
(a)
after “under pensionable age”, in subsection (2), insert “or by virtue
15
of section 39C(1) above or section 48A(4), 48B(2) or 48BB(5) below in
a case where the deceased civil partner died under pensionable age”,
(b)
after “spouse”, in paragraph (b)(i) of the definition of “N” in
subsection (2), insert “or civil partner”, and
(c)
after “spouse” (in each place) in subsection (3), insert “or civil
20
partner”.
22    (1)
Amend section 48 (use of former spouse’s contributions) as follows.
      (2)
In subsection (1)—
(a)
for “married” substitute “in a relevant relationship”,
(b)
for “marriage” substitute “relationship”, and
25
(c)
after “spouse” insert “or civil partner”.
      (3)
In subsection (2), for “marriage” substitute “relevant relationship”.
      (4)
For subsection (3) substitute—
“(3)
Where a person has been in a relevant relationship more than once,
this section applies only to the last relevant relationship and the
30
references to his relevant relationship and his former spouse or civil
partner shall be construed accordingly.
(4)
In this section, “relevant relationship” means a marriage or civil
partnership.”
23    (1)
Amend section 48A (category B retirement pension for married person) as
35
follows.
      (2)
After subsection (2) insert—
“(2A)
A person who—
(a)
has attained pensionable age, and
(b)
on attaining that age was a civil partner or forms a civil
40
partnership after attaining that age,

shall be entitled to a Category B retirement pension by virtue of the
contributions of the other party to the civil partnership (“the
contributing civil partner”) if the following requirement is met.
(2B)
The requirement is that the contributing civil partner—
45

Civil Partnership Bill [HL]
Schedule 24 — Social security, child support and tax credits
Part 3 — Amendments of the Social Security Contributions and Benefits Act 1992 (c. 4)
324

(a)
has attained pensionable age and become entitled to a
Category A retirement pension, and
(b)
satisfies the conditions specified in Schedule 3, Part 1,
paragraph 5.”
      (3)
In subsections (3) and (4), after “spouse” insert “or contributing civil
5
partner”.
      (4)
In subsection (4A), for “widow or widower” substitute “widow, widower or
surviving civil partner”.
      (5)
In subsection (5), after “spouse’s” insert “or contributing civil partner’s”.
      (6)
Section 48A (as amended by this paragraph) does not confer a right to a
10
Category B retirement pension on a person by reason of his or her forming a
civil partnership with a person who was born before 6th April 1950.
24    (1)
Amend section 48B (category B retirement pension for widows and
widowers) as follows.
      (2)
After subsection (1) insert—
15
“(1A)
A person (“the pensioner”) who attains pensionable age on or after
6th April 2010 and whose civil partner died—
(a)
while they were civil partners of each other, and
(b)
after the pensioner attained pensionable age,

shall be entitled to a Category B retirement pension by virtue of the
20
contributions of the civil partner if the civil partner satisfied the
conditions specified in Schedule 3, Part 1, paragraph 5.”
      (3)
In subsection (2), after “subsection (1)” insert “or (1A)”.
      (4)
In subsection (3), after “spouse” (in each place) insert “or civil partner”.
25    (1)
Amend section 48BB (category B retirement pension: entitlement by
25
reference to benefits under section 39A or 39B) as follows.
      (2)
After “spouse” (in each place) insert “or civil partner”.
      (3)
After “spouse’s” (in each place) insert “or civil partner’s”.
      (4)
In subsections (1)(b) and (3)(b), for “remarried” substitute “following that
death married or formed a civil partnership”.
30
26    (1)
Amend section 51 (category B retirement pension for widowers) as follows.
      (2)
After subsection (1) insert—
“(1A)
A civil partner shall be entitled to a Category B retirement pension
if—
(a)
his or her civil partner has died and they were civil partners
35
of each other at the time of that death,
(b)
they were both over pensionable age at the time of that death,
and
(c)
before that death the deceased civil partner satisfied the
contribution conditions for a Category A retirement pension
40
in Schedule 3, Part 1, paragraph 5.”
      (3)
In subsection (2)—
(a)
for “man’s” substitute “person’s”, and
(b)
after “wife” insert “or deceased civil partner”.
      (4)
In subsection (3), after “2002” insert “or a surviving civil partner”.
45

Civil Partnership Bill [HL]
Schedule 24 — Social security, child support and tax credits
Part 3 — Amendments of the Social Security Contributions and Benefits Act 1992 (c. 4)
325

      (5)
In subsection (4)—
(a)
for “man” substitute “person”, and
(b)
after “pension” insert “under this section”.
      (6)
Section 51 (as amended by this paragraph) does not confer a right to a
Category B retirement pension on a person who attains pensionable age on
5
or after 6th April 2010.
27
In section 51A (special provision for married people), in subsection (1)—
(a)
after “person” insert “or civil partner”, and
(b)
after “marriage” insert “or civil partnership”.
28
In section 52 (special provision for surviving spouses), in subsection (1), after
10
“spouse” insert “or civil partner”.
29
In section 60 (complete or partial failure to satisfy contributions conditions),
in subsection (2)—
(a)
after “married” insert “or a civil partner”, and
(b)
for “widow or widower” substitute “widow, widower or surviving
15
civil partner”.
30
In section 62 (graduated retirement benefit), after subsection (1)(aa) insert—
“(ab)
for extending section 37 of that Act (increase of woman’s
retirement pension by reference to her late husband’s
graduated retirement benefit) to civil partners and their late
20
civil partners and for that section (except subsection (5)) so to
apply as it applies to women and their late husbands;”.
31
In section 77 (guardian’s allowance)—
(a)
in subsection (6)(a)(ii), after “spouses” insert “or civil partners”, and
(b)
in subsection (8)(a), after “divorce” insert “or the civil partnership of
25
the child’s parents has been dissolved”.
32
In section 82 (short-term benefit: increase for adult dependants)—
(a)
in subsection (3)(a) and (b), after “husband” insert “or civil partner”,
(b)
in subsection (3)(b), for “his” substitute “her husband’s or civil
partner’s”, and
30
(c)
in subsection (4)(a), after “spouse” insert “or civil partner”.
33
In section 83A (pension increase for spouse)—
(a)
in subsection (1), for “married pensioner” substitute “pensioner who
is married or a civil partner”, and
(b)
in subsections (2) and (3), after “spouse” (in each place) insert “or
35
civil partner”.
34    (1)
Amend section 85 (pension increase: person with care of children) as
follows.
      (2)
Omit subsection (1).
      (3)
After subsection (1) insert—
40
“(1A)
Subject to subsections (2A) and (4) below, the weekly rate of a
Category A retirement pension shall be increased by the amount
specified in relation to that pension in Schedule 4, Part 4, column (3)
for any period during which a person who is neither the spouse or
civil partner of the pensioner nor a child has the care of a child or
45

Civil Partnership Bill [HL]
Schedule 24 — Social security, child support and tax credits
Part 3 — Amendments of the Social Security Contributions and Benefits Act 1992 (c. 4)
326

children in respect of whom the pensioner is entitled to child
benefit.”
      (4)
In subsection (2)—
(a)
for “the following provisions” substitute “subsections (3) and (4)
below”, and
5
(b)
for “pension to which this section applies” substitute “Category C
retirement pension payable by virtue of section 78(1) above”.
      (5)
After subsection (2) insert—
“(2A)
Subsection (1A) above does not apply if the pensioner is a person
whose spouse or civil partner is entitled to a Category B retirement
10
pension, or to a Category C retirement pension by virtue of section
78(2) above or in such other cases as may be prescribed.”
      (6)
In subsection (4), after “subsection” insert “(1A) or”.
35
In section 114 (persons maintaining dependants etc.)—
(a)
in subsection (2), for “wife” substitute “wife, civil partner”, and
15
(b)
in subsection (3)(a), after “spouse” insert “or civil partner”.
36
After subsection (1)(a) of section 121 (treatment of certain marriages)
insert—
“(aa)
for a voidable civil partnership which has been annulled, whether
before or after the date when the regulations come into force, to be
20
treated for the purposes of the provisions to which this subsection
applies as if it had been a valid civil partnership which was
dissolved at the date of annulment;”.
37    (1)
Amend section 122 (interpretation of Parts 1 to 6 and supplementary
provisions) as follows.
25
      (2)
In subsection (1), in the definition of “relative” after “by marriage” insert “or
civil partnership”.
      (3)
After subsection (1) insert—
“(1A)
For the purposes of Parts 1 to 5 and this Part of this Act, two people
of the same sex are to be regarded as living together as if they were
30
civil partners if, but only if, they would be regarded as living
together as husband and wife were they instead two people of the
opposite sex.”
38
In section 124 (income support), in subsection (1)(c), (f) and (g), for “married
or unmarried couple” substitute “couple”.
35
39
In section 126 (trade disputes), in subsection (3)(b), (c) and (d), for “married
or unmarried couple” substitute “couple”.
40
In section 127 (effect of return to work), for “married or unmarried couple”
(in each place) substitute “couple”.
41
In section 132 (couples), in subsection (1), for “married or unmarried couple”
40
substitute “couple”.
42    (1)
Amend section 137 (interpretation of Part 7 and supplementary provisions)
as follows.
      (2)
In paragraphs (a), (b) and (c) of the definition of “family” in subsection (1),
for “married or unmarried couple” substitute “couple”.
45

Civil Partnership Bill [HL]
Schedule 24 — Social security, child support and tax credits
Part 3 — Amendments of the Social Security Contributions and Benefits Act 1992 (c. 4)
327

      (3)
After the definition of “child” in subsection (1) insert—

““couple” means—
(a)
a man and woman who are married to each other and
are members of the same household;
(b)
a man and woman who are not married to each other
5
but are living together as husband and wife otherwise
than in prescribed circumstances;
(c)
two people of the same sex who are civil partners of
each other and are members of the same household;
or
10
(d)
two people of the same sex who are not civil partners
of each other but are living together as if they were
civil partners otherwise than in prescribed
circumstances;”.
      (4)
Omit the definitions of “married couple” and “unmarried couple” in
15
subsection (1).
      (5)
After subsection (1) insert—
“(1A)
For the purposes of this Part, two people of the same sex are to be
regarded as living together as if they were civil partners if, but only
if, they would be regarded as living together as husband and wife
20
were they instead two people of the opposite sex.”
43
In section 143 (meaning of “person responsible for child”), in subsection (5),
after “spouses” insert “or civil partners”.
44    (1)
Amend section 145A (entitlement after death of child) as follows.
      (2)
In subsection (2)—
25
(a)
in paragraph (a), after “couple” insert “or civil partnership” and after
“to whom he was married” insert “or who was his civil partner”,
(b)
in paragraph (b), after “couple” insert “or a cohabiting same-sex
couple”, and
(c)
for “married couple or unmarried couple” substitute “couple or
30
partnership”.
      (3)
Before the definition of “married couple” in subsection (5) insert—

““civil partnership” means two people of the same sex who are
civil partners of each other and are neither—
(a)
separated under a court order, nor
35
(b)
separated in circumstances in which the separation is
likely to be permanent,

“cohabiting same-sex couple” means two people of the same sex
who are not civil partners of each other but are living
together as if they were civil partners,”.
40
      (4)
After subsection (5) insert—
“(6)
For the purposes of this section, two people of the same sex are to be
regarded as living together as if they were civil partners if, but only
if, they would be regarded as living together as husband and wife
were they instead two people of the opposite sex.”
45
45    (1)
Amend section 150 (interpretation of Part 10) as follows.
      (2)
In the definition of “war widow’s pension” in subsection (2)—
(a)
after “any widow’s” insert “or surviving civil partner’s”, and

Civil Partnership Bill [HL]
Schedule 24 — Social security, child support and tax credits
Part 4 — Amendments of the Social Security Administration Act 1992 (c. 5)
328

(b)
after “widow” insert “or surviving civil partner”.
      (3)
For subsection (3) substitute—
“(3)
In this Part of this Act, “couple” has the meaning given by section
137(1) above.”
46    (1)
Amend Schedule 4A (additional pension) as follows.
5
      (2)
In paragraph 1(2), after “under pensionable age,” insert “or by virtue of
section 39C(1), 48A(4) or 48B(2) above, in a case where the deceased civil
partner died under pensionable age,”.
      (3)
In paragraph 1(4)(a) and (b), (5), (6) and (7)(a) and (b), after “spouse” insert
“or civil partner”.
10
47    (1)
Amend Schedule 7 (industrial injuries benefits) as follows.
      (2)
For paragraph 4(3)(a) in Part 1 substitute—
“(a)
a beneficiary is one of two persons who are—
(i)
spouses or civil partners residing together,
(ii)
a man and woman who are not married to each other
15
but are living together as if they were husband and
wife, or
(iii)
two people of the same sex who are not civil partners
of each other but are living together as if they were
civil partners, and”.
20
      (3)
In Part 1—
(a)
in paragraph 6(1), (3) and (4), after “spouse” (in each place) insert “or
civil partner”, and
(b)
in paragraph 6(4)(a), after “spouse’s” insert “or civil partner’s”.
      (4)
In paragraph 15 of Part 6—
25
(a)
in sub-paragraph (2), after “remarries” insert “or forms a civil
partnership”, and
(b)
at the end of sub-paragraph (3), insert “or is living together with a
person of the same sex as if they were civil partners”.
48    (1)
Amend Schedule 8 (industrial injuries and diseases: old cases) as follows.
30
      (2)
In paragraph 6(4)(d), and the substituted paragraph (d) in paragraph 6(5),
after “spouse” (in each place) insert “or civil partner”.
      (3)
After paragraph 8(1) insert—
“(1A)
Any reference in this Schedule to a member of a person’s family
within the meaning of the Workmen’s Compensation Act 1925 is to
35
be read as including a civil partner of his.”
49
In Schedule 9 (exclusions from entitlement to child benefit), in paragraph 3,
after “married” insert “or is a civil partner”.
Part 4
Amendments of the Social Security Administration Act 1992 (c. 5)
40
50
In section 2AA (full entitlement to certain benefits conditional on work-
focused interview for partner), in subsection (7), for the definition of