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 5 — Amendments of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)
336

(b)
a man and woman who are not married to each other
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;
5
or
(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;”.
10
      (4)
Omit the definitions of “married couple” and “unmarried couple” in
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
15
if, they would be regarded as living together as husband and wife
were they instead two people of the opposite sex.”
93
In section 139 (meaning of “person responsible for child”), in subsection (5),
after “spouses” insert “or civil partners”.
94    (1)
Amend section 141A (entitlement after death of child) as follows.
20
      (2)
In subsection (2)—
(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
25
(c)
for “married couple or unmarried couple” substitute “couple or
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—
30
(a)
separated under a court order, nor
(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
35
together as if they were civil partners,”.
      (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
40
were they instead two people of the opposite sex.”
95    (1)
Amend section 146 (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
(b)
after “widow” insert “or surviving civil partner”.
45

Civil Partnership Bill [HL]
Schedule 24 — Social security, child support and tax credits
Part 6 — Amendments of the Social Security Administration (Northern Ireland) Act 1992 (c. 8)
337

      (3)
For subsection (3) substitute—
“(3)
In this Part of this Act, “couple” has the meaning given by section
133(1) above.”
96    (1)
Amend Schedule 4A (additional pension) as follows.
      (2)
In paragraph 1(2), after “under pensionable age,” insert “or by virtue of
5
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”.
97    (1)
Amend Schedule 7 (industrial injuries benefits) as follows.
10
      (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
but are living together as if they were husband and
15
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”.
      (3)
In Part 1—
20
(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—
(a)
in sub-paragraph (2), after “remarries” insert “or forms a civil
25
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”.
98
In Schedule 9 (exclusions from entitlement to child benefit), in paragraph 3,
after “married” insert “or is a civil partner”.
30
Part 6
Amendments of the Social Security Administration (Northern Ireland) Act
1992 (c. 8)
99
In section 2AA (full entitlement to certain benefits conditional on work-
focused interview for partner), in subsection (7), for the definition of
35
“couple” substitute—

““couple” has the meaning given by section 133(1) of the Contributions
and Benefits Act;”.
100
In section 3 (late claims for bereavement benefit where death is difficult to
establish)—
40
(a)
after “spouse” (in each place) insert “or civil partner”, and
(b)
after “spouse’s” (in each place) insert “or civil partner’s”.
101   (1)
Amend section 13A (payment out of benefit of sums in respect of mortgage
interest etc.) as follows.

Civil Partnership Bill [HL]
Schedule 24 — Social security, child support and tax credits
Part 6 — Amendments of the Social Security Administration (Northern Ireland) Act 1992 (c. 8)
338

      (2)
In subsection (4)—
(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
5
married but who lives together with the borrower as husband and
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—
10
“(4B)
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.”
102   (1)
Amend section 69 (overpayments - general) as follows.
15
      (2)
In subsection (9), for “married or unmarried couple” substitute “couple”.
      (3)
After subsection (11) insert—
“(12)
In this section, “couple” has the meaning given by section 133(1) of
the Contributions and Benefits Act.”
103
In section 71 (overlapping benefits - general), in subsections (2)(b) and (d)
20
and (5)(b) and (d), for “wife or husband” substitute “wife, husband or civil
partner”.
104
In section 72A (payment of benefit where maintenance payments collected
by Department), in subsection (5)—
(a)
after the definition of “child maintenance” insert—
25

““couple” has the meaning given by section 133(1) of the
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”.
30
105   (1)
Amend section 74 (recovery of social fund awards) as follows.
      (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 133(1) of
the Contributions and Benefits Act.”
35
      (4)
In subsection (6)—
(a)
in paragraph (a), after “wife” insert “or civil partner”, and
(b)
in paragraph (b), after “husband” insert “or civil partner”.
106
In section 100 (failure to maintain - general), in subsection (4), after “spouse”
insert “or civil partner”.
40
107
In section 102 (recovery of expenditure on income support: additional
amounts and transfer of orders), in subsection (1)(b), after “wife” insert “or
civil partner”.

Civil Partnership Bill [HL]
Schedule 24 — Social security, child support and tax credits
Part 8 — Amendments of the Child Support Act 1995 (c. 34)
339

108
In section 103B (power to require information), in subsection (5)(a), for
“married, his spouse” substitute “married or is a civil partner, his spouse or
civil partner”.
109
In section 136 (up-rating under section 132 of pensions increased under
section 52(3) of the Contributions and Benefits Act)—
5
(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 7
Amendments of the Jobseekers Act 1995 (c. 18)
10
110
In section 1 (the jobseeker’s allowance), in subsection (4), in the definition of
“a joint-claim couple”, for “married or unmarried couple” substitute
“couple”.
111
In section 23 (recovery of sums in respect of maintenance), in subsection (1),
after “spouse” insert “or civil partner”.
15
112   (1)
Amend section 35 (interpretation) as follows.
      (2)
After the definition of “contribution-based jobseeker’s allowance” in
subsection (1) insert—

““couple” means—
(a)
a man and woman who are married to each other and
20
are members of the same household;
(b)
a man and woman who are not married to each other
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
25
each other and are members of the same household;
or
(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
30
circumstances;”.
      (3)
In paragraphs (a), (b) and (c) of the definition of “family” in subsection (1),
for “married or unmarried couple” substitute “couple”.
      (4)
Omit the definitions of “married couple” and “unmarried couple” in
subsection (1).
35
      (5)
After subsection (1) insert—
“(1A)
For the purposes 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.”
40
Part 8
Amendments of the Child Support Act 1995 (c. 34)
113   (1)
Amend subsection (7) of section 10 (the child maintenance bonus) as follows.

Civil Partnership Bill [HL]
Schedule 24 — Social security, child support and tax credits
Part 9 — Amendments of the Child Support (Northern Ireland) Order 1995 (S.I. 1995/2702 (N.I. 13))
340

      (2)
After the definition of “child maintenance” 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;”.
      (3)
In the definition of “family” for “married or unmarried couple” (in each
15
place) substitute “couple”.
      (4)
Omit the definitions of “married couple” and “unmarried couple”.
114
After section 10(7) insert—
“(7A)
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
20
if, they would be regarded as living together as husband and wife
were they instead two people of the opposite sex.”
Part 9
Amendments of the Child Support (Northern Ireland) Order 1995 (S.I. 1995/
2702 (N.I. 13))
25
115   (1)
Amend paragraph (7) of Article 4 (the child maintenance bonus) as follows.
      (2)
After the definition of “child maintenance” insert—

““couple” means—
(a)
a man and woman who are married to each other and
are members of the same household;
30
(b)
a man and woman who are not married to each other
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;
35
or
(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;”.
40
      (3)
In the definition of “family” for “married or unmarried couple” (in each
place) substitute “couple”.
      (4)
Omit the definitions of “married couple” and “unmarried couple”.
116
After that paragraph insert—
“(7A)
For the purposes of this Article, two people of the same sex are to be
45
regarded as living together as if they were civil partners if, but only

Civil Partnership Bill [HL]
Schedule 24 — Social security, child support and tax credits
Part 11 — Amendments of the State Pension Credit Act 2002 (c. 16)
341

if, they would be regarded as living together as husband and wife
were they instead two people of the opposite sex.”
Part 10
Amendments of the Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705
(N.I. 15))
5
117   (1)
Amend Article 2 (interpretation) as follows.
      (2)
After the definition of “contribution-based jobseeker’s allowance” in
paragraph (2) insert—

““couple” means—
(a)
a man and woman who are married to each other and
10
are members of the same household;
(b)
a man and woman who are not married to each other
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
15
each other and are members of the same household;
or
(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
20
circumstances;”.
      (3)
In paragraphs (a), (b) and (c) of the definition of “family” in paragraph (2),
for “married or unmarried couple” substitute “couple”.
      (4)
Omit the definitions of “married couple” and “unmarried couple” in
paragraph (2).
25
      (5)
After paragraph (2) insert—
“(2A)
For the purposes of this Order, 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
118
In Article 3 (the jobseeker’s allowance), in paragraph (4), in the definition of
“a joint-claim couple”, for “married or unmarried couple” substitute
“couple”.
119
In Article 25 (recovery of sums in respect of maintenance), in paragraph (1),
after “spouse” insert “or civil partner”.
35
Part 11
Amendments of the State Pension Credit Act 2002 (c. 16)
120
In sections 2(5)(a) and (8)(b), 3(1)(b), 4(1), 5, 6(3)(c)(ii) and 9(4)(a), (b) and (d),
for “married or unmarried couple” substitute “couple”.
121
In section 2(5)(b), for “such a couple” substitute “a couple”.
40
122   (1)
Amend subsection (1) of section 17 (other interpretation provisions) as
follows.

Civil Partnership Bill [HL]
Schedule 24 — Social security, child support and tax credits
Part 12 — Amendments of the Tax Credits Act 2002 (c. 21)
342

      (2)
After the definition of “the Contributions and Benefits Act” 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;”.
      (3)
In the definition of “foreign war widow’s or widower’s pension” for “widow
15
or widower” (in each place) substitute “widow, widower or surviving civil
partner”.
      (4)
Omit the definitions of “married couple” and “unmarried couple”.
      (5)
In the definition of “war widow’s or widower’s pension”—
(a)
in paragraph (a), for “any widow’s or widower’s” substitute “any
20
widow’s, widower’s or surviving civil partner’s”, and
(b)
in paragraph (b), for “widow or widower” substitute “widow,
widower or surviving civil partner”.
123
After section 17(1) insert—
“(1A)
For the purposes of this Act, two people of the same sex are to be
25
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.”
Part 12
Amendments of the Tax Credits Act 2002 (c. 21)
30
124   (1)
Amend section 3 (claims) as follows.
      (2)
In subsection (3)(a), for “married couple or unmarried couple” substitute
“couple”.
      (3)
For subsections (5) and (6) substitute—
“(5A)
In this Part “couple” means—
35
(a)
a man and woman who are married to each other and are
neither—
(i)
separated under a court order, nor
(ii)
separated in circumstances in which the separation is
likely to be permanent,
40
(b)
a man and woman who are not married to each other but are
living together as husband and wife,
(c)
two people of the same sex who are civil partners of each
other and are neither—
(i)
separated under a court order, nor
45