|
| |
|
| |
| ““couple” has the meaning given by section 137(1) of the Contributions |
| |
| |
51 | In section 3 (late claims for bereavement benefit where death is difficult to |
| |
| 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. |
| |
| 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 |
| |
| |
(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 |
| |
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.” |
| |
| 45 |
|
| |
|
| |
|
(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 |
| |
| |
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 |
| |
| 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 |
| |
| |
| 20 |
Amendments of the Social Security Contributions and Benefits (Northern |
| |
| |
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”. |
| |
|
| |
|
| |
|
(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 |
| |
(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; |
| |
| |
(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 |
| |
(2) | After “spouse” (in each place other than subsection (4)), insert “or civil |
| |
| |
(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 |
| |
|
| |
|
| |
|
(b) | the period of 52 weeks mentioned in subsection (3) above |
| |
| |
| 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 |
| |
| |
(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 |
| |
| 20 |
73 (1) | Amend section 48 (use of former spouse’s contributions) as follows. |
| |
| |
(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 |
| |
| |
74 (1) | Amend section 48A (category B retirement pension for married person) as |
| |
| 35 |
(2) | After subsection (2) insert— |
| |
| |
(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 |
| |
|
| |
|
| |
|
(b) | satisfies the conditions specified in Schedule 3, Part 1, |
| |
| |
(3) | In subsections (3) and (4), after “spouse” insert “or contributing civil |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
(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.” |
| |
| 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”. |
| |
| |
(a) | for “man” substitute “person”, and |
| 45 |
|
| |
|
| |
|
(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 |
| |
| |
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 |
| |
(a) | after “married” insert “or a civil partner”, and |
| |
(b) | for “widow or widower” substitute “widow, widower or surviving |
| |
| |
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 |
| |
| |
(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 |
| |
| |
85 (1) | Amend section 85 (pension increase (person with care of children)) as |
| 35 |
| |
| |
(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 |
| |
| 45 |
| |
|
| |
|
| |
|
(a) | for “the following provisions” substitute “subsections (3) and (4) |
| |
| |
(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) |
| |
| 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 |
| |
| |
(2) | In subsection (1), in the definition of “relative” after “by marriage” insert “or |
| |
| |
(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 |
| |
| 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) |
| |
| |
(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— |
| |
| |
(a) | a man and woman who are married to each other and |
| |
are members of the same household; |
| |
|
| |
|