Civil Partnership Bill [HL]

House of Commons

Session 2002 - 03
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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;