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 1 — Amendments of the Child Support Act 1991 (c. 48)
334

Civil partnership notice book and civil partnership schedule
15    (1)
No action must be taken under section 140(1) or 143 (civil partnership notice
book and civil partnership schedule) unless the prescribed registrar is
satisfied by the production of specified evidence that the person fulfils the
qualifying condition.
5
      (2)
If the prescribed registrar is satisfied as mentioned in sub-paragraph (1) but
is not the registrar for the purposes of section 140(1), the prescribed registrar
must send him the civil partnership notices and he is to be treated as having
received them when the prescribed registrar received them.
      (3)
“Specified evidence” means such evidence as may be specified in guidance
10
issued by the Secretary of State after consultation with the Registrar General.
Supplementary
16    (1)
Part 4 of this Act has effect in any case where this Part of this Schedule
applies subject to any necessary modification.
      (2)
In particular, section 176 has effect as if the matters proof of which is not
15
necessary in support of the civil partnership included compliance with this
Part of this Schedule.
      (3)
In this Part of this Schedule—
(a)
“prescribed” means prescribed by regulations made by the Secretary
of State;
20
(b)
“registrar” means a person appointed under section 152(1)(a) or (b)
or (3);
(c)
other expressions have the same meaning as in Chapter 1 of Part 4 of
this Act.
      (4)
Section 18(3) of the Interpretation Act (Northern Ireland) 1954 (c.33 (N.I.))
25
(provisions as to holders of offices) shall apply to this Part of this Schedule
as if it were an enactment within the meaning of that Act.
Part 5
Regulations
17
Any power to make regulations under this Schedule is exercisable by
30
statutory instrument which is subject to annulment in pursuance of a
resolution of either House of Parliament.
Schedule 24
Section 254

Social security, child support and tax credits
Part 1
35
Amendments of the Child Support Act 1991 (c. 48)
1
In section 8 (role of the courts with respect to maintenance for children), after
subsection (11)(e) insert—
“(ea)
Schedule 5, 6 or 7 to the Civil Partnership Act 2004; or”.

Civil Partnership Bill [HL]
Schedule 24 — Social security, child support and tax credits
Part 1 — Amendments of the Child Support Act 1991 (c. 48)
335

2
In section 15 (powers of inspectors), in subsection (7)—
(a)
after “married” insert “or is a civil partner”, and
(b)
after “spouse” insert “or civil partner”.
3
In section 55 (meaning of “child”), in subsection (2)—
(a)
in paragraph (a), after “married” insert “or a civil partner”,
5
(b)
in paragraph (b), after “marriage” insert “, or been a party to a civil
partnership,”, and
(c)
in paragraph (c), after “granted” insert “or has been a party to a civil
partnership in respect of which a nullity order has been made”.
4
For paragraph 6(5)(b) (as originally enacted) of Schedule 1 (maintenance
10
assessments) substitute—
“(b)
where the absent parent—
(i)
is living together in the same household with
another adult of the opposite sex (regardless of
whether or not they are married),
15
(ii)
is living together in the same household with
another adult of the same sex who is his civil
partner, or
(iii)
is living together in the same household with
another adult of the same sex as if they were civil
20
partners,

income of that other adult,”.
5
After paragraph 6(5) (as originally enacted) of that Schedule insert—
    “(5A)
For the purposes of this paragraph, two adults of the same sex are
to be regarded as living together in the same household as if they
25
were civil partners if, but only if, they would be regarded as living
together as husband and wife were they instead two adults of the
opposite sex.”
6
In paragraph 10C of that Schedule (as substituted by section 1(3) of, and
Schedule 1 to, the Child Support, Pensions and Social Security Act 2000
30
(c. 19)), for sub-paragraph (5) substitute—
     “(5)
In sub-paragraph (4)(a), “couple” means—
(a)
a man and a woman who are married to each other and are
members of the same household,
(b)
a man and a woman who are not married to each other but
35
are living together as husband and wife,
(c)
two people of the same sex who are civil partners of 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
40
partners.
      (6)
For the purposes of this paragraph, 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

Civil Partnership Bill [HL]
Schedule 24 — Social security, child support and tax credits
Part 2 — Amendments of the Child Support (Northern Ireland) Order 1991 (S.I. 1991/2628 (N.I. 23))
336

Part 2
Amendments of the Child Support (Northern Ireland) Order 1991 (S.I. 1991/
2628 (N.I. 23))
7
In Article 3 (meaning of “child”), in paragraph (2)—
(a)
in sub-paragraph (a), after “married” insert “or a civil partner”,
5
(b)
in sub-paragraph (b), after “marriage” insert “, or been a party to a
civil partnership,”, and
(c)
in sub-paragraph (c), after “granted” insert “or has been a party to a
civil partnership in respect of which a nullity order has been made”.
8
In Article 10 (role of the courts with respect to maintenance for children),
10
after paragraph (11)(d) insert—
“(da)
Schedule 15, 16 or 17 to the Civil Partnership Act 2004; or”.
9
In Article 17 (powers of inspectors), in paragraph (7)—
(a)
after “married” insert “or is a civil partner”, and
(b)
after “spouse” insert “or civil partner”.
15
10
For paragraph 6(5)(b) (as originally enacted) of Schedule 1 (maintenance
assessments) substitute—
“(b)
where the absent parent—
(i)
is living together in the same household with
another adult of the opposite sex (regardless of
20
whether or not they are married),
(ii)
is living together in the same household with
another adult of the same sex who is his civil
partner, or
(iii)
is living together in the same household with
25
another adult of the same sex as if they were civil
partners,

income of that other adult,”.
11
After paragraph 6(5) (as originally enacted) of that Schedule insert—
“(5A)
For the purposes of this paragraph, two adults of the same sex are
30
to be regarded as living together in the same household 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 adults of the
opposite sex.”
12
In paragraph 10C of that Schedule (as substituted by section 1(3) of, and
35
Schedule 1 to, the Child Support, Pensions and Social Security Act (Northern
Ireland) 2000 (c. 4 (N.I.))), for sub-paragraph (5) substitute—
     “(5)
In sub-paragraph (4)(a), “couple” means—
(a)
a man and a woman who are married to each other and are
members of the same household,
40
(b)
a man and a 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 members of the same household, or

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)
337

(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.
      (6)
For the purposes of this paragraph, two people of the same sex are
to be regarded as living together as if they were civil partners if,
5
but only if, they would be regarded as living together as husband
and wife were they instead two people of the opposite sex.”
Part 3
Amendments of the Social Security Contributions and Benefits Act 1992 (c. 4)
13
In section 20 (descriptions of contributory benefits), in subsection (1)(f)(ii),
10
after “spouse” insert “or civil partner”.
14
In section 30A (incapacity benefit: entitlement), in subsection (2)(b)(ii), after
“spouse” insert “or deceased civil partner”.
15
In section 30B (incapacity benefit: rate), in subsection (3)(a), after “people”
insert “or civil partners”.
15
16    (1)
Amend section 36 (bereavement payment) as follows.
      (2)
In subsection (1), after “spouse” (in each place) insert “or civil partner”.
      (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
20
person was not married were living together as husband and
wife at the time of the spouse’s or civil partner’s death, or
(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.”
25
17
In section 36A (cases in which sections 37 to 41 apply), in subsection (2), after
“spouse” insert “or civil partner”.
18    (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
30
(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.”
19    (1)
Amend section 38 (widow’s pension) as follows.
      (2)
In subsection (2), after “remarries” insert “or forms a civil partnership”.
      (3)
After subsection (3)(c) insert “or
35
(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.”
20    (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
civil partner”.
40
      (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—

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)
338

(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
5
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
10
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
15
(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.”
20
21    (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”.
25
      (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
30
to be entitled to it until—
(a)
she or he attains pensionable age, or
(b)
the period of 52 weeks mentioned in subsection (3) above
expires,

whichever happens first.”
35
      (6)
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.”
22
In section 39C (rate of widowed parent’s allowance and bereavement
40
allowance)—
(a)
after “spouse” (in each place) insert “or civil partner”, and
(b)
in subsection (5), after “spouse’s” insert “or civil partner’s”.
23
In section 46 (modifications of section 45 for calculating the additional
pension in certain benefits)—
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)
339

(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
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
5
(c)
after “spouse” (in each place) in subsection (3), insert “or civil
partner”.
24    (1)
Amend section 48 (use of former spouse’s contributions) as follows.
      (2)
In subsection (1)—
(a)
for “married” substitute “in a relevant relationship”,
10
(b)
for “marriage” substitute “relationship”, and
(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,
15
this section applies only to the last relevant relationship and the
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.”
20
25    (1)
Amend section 48A (category B retirement pension for married person) as
follows.
      (2)
After subsection (2) insert—
“(2A)
A person who—
(a)
has attained pensionable age, and
25
(b)
on attaining that age was a civil partner or forms a civil
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.
30
(2B)
The requirement is that the contributing civil partner—
(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.”
35
      (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
surviving civil partner”.
      (5)
In subsection (5), after “spouse’s” insert “or contributing civil partner’s”.
40
      (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.
26    (1)
Amend section 48B (category B retirement pension for widows and
widowers) as follows.
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)
340

      (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—
(a)
while they were civil partners of each other, and
(b)
after the pensioner attained pensionable age,
5

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.”
      (3)
In subsection (2), after “subsection (1)” insert “or (1A)”.
      (4)
In subsection (3), after “spouse” (in each place) insert “or civil partner”.
10
27    (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”.
      (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
15
death married or formed a civil partnership”.
28    (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—
20
(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,
and
(c)
before that death the deceased civil partner satisfied the
25
contribution conditions for a Category A retirement pension
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”.
30
      (4)
In subsection (3), after “2002” insert “or a surviving civil partner”.
      (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
35
Category B retirement pension on a person who attains pensionable age on
or after 6th April 2010.
29
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”.
40
30
In section 52 (special provision for surviving spouses), in subsection (1), after
“spouse” insert “or civil partner”.
31
In section 60 (complete or partial failure to satisfy contributions conditions),
in subsection (2)—
(a)
after “married” insert “or a civil partner”, and
45