House of Commons portcullis
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 4 — Amendments of the Social Security Administration Act 1992 (c. 5)

329

 

“couple” substitute—

           

““couple” has the meaning given by section 137(1) of the Contributions

and Benefits Act;”.

51         

In section 3 (late claims for bereavement benefit where death is difficult to

establish)—

5

(a)   

after “spouse” (in each place) insert “or civil partner”, and

(b)   

after “spouse’s” (in each place) insert “or civil partner’s”.

52    (1)  

Amend section 15A (payment out of benefit of sums in respect of mortgage

interest etc.) as follows.

      (2)  

In subsection (4)—

10

(a)   

in paragraph (a) of the definition of “partner”, for “to whom the

borrower is married” substitute “who is married to, or a civil partner

of, the borrower”, and

(b)   

in paragraph (b) of that definition, for “to whom the borrower is not

married but who lives together with the borrower as husband and

15

wife” substitute “who is neither married to, nor a civil partner of, the

borrower but who lives together with the borrower as husband and

wife or as if they were civil partners”.

      (3)  

After subsection (4A) insert—

“(4B)   

For the purposes of this section, two people of the same sex are to be

20

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.”

53    (1)  

Amend section 71 (overpayments - general) as follows.

      (2)  

In subsection (9), for “married or unmarried couple” substitute “couple”.

25

      (3)  

After subsection (11) insert—

“(12)   

In this section, “couple” has the meaning given by section 137(1) of

the Contributions and Benefits Act.”

54         

In section 73 (overlapping benefits - general), in subsections (2)(b) and (d)

and (5)(b) and (d), for “wife or husband” substitute “wife, husband or civil

30

partner”.

55         

In section 74A (payment of benefit where maintenance payments collected

by Secretary of State), in subsection (5)—

(a)   

after the definition of “child maintenance” insert—

   

““couple” has the meaning given by section 137(1) of the

35

Contributions and Benefits Act;”,

(b)   

in the definition of “family”, for “married or unmarried couple” (in

each place) substitute “couple”, and

(c)   

omit the definitions of “married couple” and “unmarried couple”.

56    (1)  

Amend section 78 (recovery of social fund awards) as follows.

40

      (2)  

In subsection (3)(b), for “married or unmarried couple” substitute “couple”.

      (3)  

For subsection (5) substitute—

“(5)   

In this section “couple” has the meaning given by section 137(1) of

the Contributions and Benefits Act.”

      (4)  

In subsection (6)—

45

 

 

Civil Partnership Bill [HL]
Schedule 24 — Social security, child support and tax credits
Part 5 — Amendments of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)

330

 

(a)   

in paragraph (a), after “wife” insert “or civil partner”, and

(b)   

in paragraph (b), after “husband” insert “or civil partner”.

57         

In section 105 (failure to maintain - general), in subsection (4), after “spouse”

insert “or civil partner”.

58         

In section 107 (recovery of expenditure on income support: additional

5

amounts and transfer of orders), in subsection (1)(b), after “wife” insert “or

civil partner”.

59         

In section 109B (power to require information), in subsection (5)(a), for

“married, his spouse” substitute “married or is a civil partner, his spouse or

civil partner”.

10

60         

In section 139 (arrangement for community charge benefits), in subsection

(11), in the definition of “war widow’s pension”—

(a)   

after “any widow’s” insert “or surviving civil partner’s”, and

(b)   

after “widow” insert “or surviving civil partner”.

61         

In section 156 (up-rating under section 150 of pensions increased under

15

section 52(3) of the Contributions and Benefits Act)—

(a)   

in subsection (1), after “spouse” insert “or civil partner”, and

(b)   

in subsections (2) and (3), after “spouse’s” (in each place) insert “or

civil partner’s”.

Part 5

20

Amendments of the Social Security Contributions and Benefits (Northern

Ireland) Act 1992 (c. 7)

62         

In section 20 (descriptions of contributory benefits), in subsection (1)(f)(ii),

after “spouse” insert “or civil partner”.

63         

In section 30A (incapacity benefit: entitlement), in subsection (2)(b)(ii), after

25

“spouse” insert “or deceased civil partner”.

64         

In section 30B (incapacity benefit: rate), in subsection (3)(a), after “people”

insert “or civil partners”.

65    (1)  

Amend section 36 (bereavement payment) as follows.

      (2)  

In subsection (1), after “spouse” (in each place) insert “or civil partner”.

30

      (3)  

For subsection (2) substitute—

“(2)   

A bereavement payment shall not be payable to a person if—

(a)   

that person and a person of the opposite sex to whom that

person was not married were living together as husband and

wife at the time of the spouse’s or civil partner’s death, or

35

(b)   

that person and a person of the same sex who was not his or

her civil partner were living together as if they were civil

partners at the time of the spouse’s or civil partner’s death.”

66         

In section 36A (cases in which sections 37 to 41 apply), in subsection (2), after

“spouse” insert “or civil partner”.

40

67    (1)  

Amend section 37 (widowed mother’s allowance) as follows.

      (2)  

In subsection (3), after “remarries” insert “or forms a civil partnership”.

 

 

Civil Partnership Bill [HL]
Schedule 24 — Social security, child support and tax credits
Part 5 — Amendments of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)

331

 

      (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.”

68    (1)  

Amend section 38 (widow’s pension) as follows.

      (2)  

In subsection (2), after “remarries” insert “or forms a civil partnership”.

5

      (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.”

69    (1)  

Amend section 39A (widowed parent’s allowance) as follows.

      (2)  

After “spouse” (in each place other than subsections (2)(b) and (4)), insert “or

10

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—

(i)   

was residing together with the deceased civil partner

15

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

time of an embryo, of an egg in the process of

20

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

any period after she or he forms a subsequent civil partnership or

25

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

(b)   

is under pensionable age.”

30

      (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.”

70    (1)  

Amend section 39B (bereavement allowance where no dependent children)

35

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”.

      (4)  

In subsection (4), after “remarries” insert “or forms a civil partnership”.

40

      (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

to be entitled to it until—

45

(a)   

she or he attains pensionable age, or

 

 

Civil Partnership Bill [HL]
Schedule 24 — Social security, child support and tax credits
Part 5 — Amendments of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)

332

 

(b)   

the period of 52 weeks mentioned in subsection (3) above

expires,

   

whichever happens first.”

      (6)  

After subsection (5)(b) insert “or

(c)   

for any period during which the surviving spouse or civil

5

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.”

71         

In section 39C (rate of widowed parent’s allowance and bereavement

allowance)—

(a)   

after “spouse” (in each place) insert “or civil partner”, and

10

(b)   

in subsection (5), after “spouse’s” insert “or civil partner’s”.

72         

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

of section 39C(1) above or section 48A(4), 48B(2) or 48BB(5) below in

15

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

partner”.

20

73    (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

(c)   

after “spouse” insert “or civil partner”.

25

      (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

references to his relevant relationship and his former spouse or civil

30

partner shall be construed accordingly.

(4)   

In this section, “relevant relationship” means a marriage or civil

partnership.”

74    (1)  

Amend section 48A (category B retirement pension for married person) as

follows.

35

      (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

partnership after attaining that age,

40

   

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—

(a)   

has attained pensionable age and become entitled to a

45

Category A retirement pension, and

 

 

Civil Partnership Bill [HL]
Schedule 24 — Social security, child support and tax credits
Part 5 — Amendments of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)

333

 

(b)   

satisfies the conditions specified in Schedule 3, Part 1,

paragraph 5.”

      (3)  

In subsections (3) and (4), after “spouse” insert “or contributing civil

partner”.

      (4)  

In subsection (4A), for “widow or widower” substitute “widow, widower or

5

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

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.

10

75    (1)  

Amend section 48B (category B retirement pension for widows and

widowers) as follows.

      (2)  

After subsection (1) insert—

“(1A)   

A person (“the pensioner”) who attains pensionable age on or after

6th April 2010 and whose civil partner died—

15

(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

contributions of the civil partner if the civil partner satisfied the

conditions specified in Schedule 3, Part 1, paragraph 5.”

20

      (3)  

In subsection (2), after “subsection (1)” insert “or (1A)”.

      (4)  

In subsection (3), after “spouse” (in each place) insert “or civil partner”.

76    (1)  

Amend section 48BB (category B retirement pension: entitlement by

reference to benefits under section 39A or 39B) as follows.

      (2)  

After “spouse” (in each place) insert “or civil partner”.

25

      (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”.

77    (1)  

Amend section 51 (category B retirement pension for widowers) as follows.

      (2)  

After subsection (1) insert—

30

“(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

of each other at the time of that death,

(b)   

they were both over pensionable age at the time of that death,

35

and

(c)   

before that death the deceased civil partner satisfied the

contribution conditions for a Category A retirement pension

in Schedule 3, Part 1, paragraph 5.”

      (3)  

In subsection (2)—

40

(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”.

      (5)  

In subsection (4)—

(a)   

for “man” substitute “person”, and

45

 

 

Civil Partnership Bill [HL]
Schedule 24 — Social security, child support and tax credits
Part 5 — Amendments of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)

334

 

(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

or after 6th April 2010.

78         

In section 51A (special provision for married people), in subsection (1)—

5

(a)   

after “person” insert “or civil partner”, and

(b)   

after “marriage” insert “or civil partnership”.

79         

In section 52 (special provision for surviving spouses), in subsection (1), after

“spouse” insert “or civil partner”.

80         

In section 60 (complete or partial failure to satisfy contribution conditions),

10

in subsection (2)—

(a)   

after “married” insert “or a civil partner”, and

(b)   

for “widow or widower” substitute “widow, widower or surviving

civil partner”.

81         

In section 62 (graduated retirement benefit), after subsection (1)(aa) insert—

15

“(ab)   

for extending section 36 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

civil partners and for that section (except subsection (5)) so to

apply as it applies to women and their late husbands;”.

20

82         

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

the child’s parents has been dissolved”.

83         

In section 82 (short-term benefit: increase for adult dependants)—

25

(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

(c)   

in subsection (4)(a), after “spouse” insert “or civil partner”.

84         

In section 83A (pension increase for spouse)—

30

(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

civil partner”.

85    (1)  

Amend section 85 (pension increase (person with care of children)) as

35

follows.

      (2)  

Omit subsection (1).

      (3)  

After subsection (1) insert—

“(1A)   

Subject to subsections (2A) and (4) below, the weekly rate of a

Category A retirement pension shall be increased by the amount

40

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

children in respect of whom the pensioner is entitled to child

benefit.”

45

      (4)  

In subsection (2)—

 

 

Civil Partnership Bill [HL]
Schedule 24 — Social security, child support and tax credits
Part 5 — Amendments of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)

335

 

(a)   

for “the following provisions” substitute “subsections (3) and (4)

below”, and

(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—

5

“(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

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”.

10

86         

In section 114 (persons maintaining dependants etc.)—

(a)   

in subsection (2), for “wife” substitute “wife, civil partner”, and

(b)   

in subsection (3)(a), after “spouse” insert “or civil partner”.

87         

In section 120 (treatment of certain marriages), after subsection (1)(a)

insert—

15

“(aa)      

for a voidable civil partnership which has been annulled, whether

before or after the date when the regulations come into force, to be

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;”.

20

88    (1)  

Amend section 121 (interpretation of Parts 1 to 6 and supplementary

provisions) as follows.

      (2)  

In subsection (1), in the definition of “relative” after “by marriage” insert “or

civil partnership”.

      (3)  

After subsection (1) insert—

25

“(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

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.”

30

89         

In section 123 (income support), in subsection (1)(c), (f) and (g), for “married

or unmarried couple” substitute “couple”.

90         

In section 125 (trade disputes), in subsection (3)(b), (c) and (d), for “married

or unmarried couple” substitute “couple”.

91         

In section 126 (effect of return to work), for “married or unmarried couple”

35

(in each place) substitute “couple”.

92    (1)  

Amend section 133 (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”.

40

      (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;

 

 

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2004
Revised 7 July 2004