|
| |
|
(b) | for “widow or widower” substitute “widow, widower or surviving |
| |
| |
32 | In section 61A (contributions paid in error), in subsection (3)— |
| |
(a) | after “spouse” insert “or civil partner”, and |
| |
(b) | in paragraph (b), for “widows or widowers” substitute “widows, |
| 5 |
widowers or surviving civil partners”. |
| |
33 | In section 62 (graduated retirement benefit), after subsection (1)(aa) insert— |
| |
“(ab) | for extending section 37 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 |
| 10 |
civil partners and for that section (except subsection (5)) so to |
| |
apply as it applies to women and their late husbands;”. |
| |
34 | 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 |
| 15 |
the child’s parents has been dissolved”. |
| |
35 | In section 82 (short-term benefit: increase for adult dependants)— |
| |
(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 |
| |
| 20 |
(c) | in subsection (4)(a), after “spouse” insert “or civil partner”. |
| |
36 | In section 83A (pension increase for spouse)— |
| |
(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 |
| 25 |
| |
37 (1) | Amend section 85 (pension increase: person with care of children) as |
| |
| |
| |
(3) | After subsection (1) insert— |
| 30 |
“(1A) | Subject to subsections (2A) and (4) below, the weekly rate of a |
| |
Category A retirement pension shall be increased by the amount |
| |
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 |
| 35 |
children in respect of whom the pensioner is entitled to child |
| |
| |
| |
(a) | for “the following provisions” substitute “subsections (3) and (4) |
| |
| 40 |
(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— |
| |
“(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 |
| 45 |
|
| |
|
| |
|
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”. |
| |
38 | In section 113 (general provisions as to disqualification and suspension), in |
| |
subsection (1), for “wife or husband,” substitute “wife, husband or civil |
| 5 |
| |
39 | 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”. |
| |
40 | After subsection (1)(a) of section 121 (treatment of certain marriages) |
| 10 |
| |
“(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 |
| 15 |
partnership which was dissolved at the date of annulment;”. |
| |
41 (1) | Amend section 122 (interpretation of Parts 1 to 6 and supplementary |
| |
| |
(2) | In subsection (1), in the definition of “relative” after “by marriage” insert “or |
| |
| 20 |
(3) | After subsection (1) insert— |
| |
“(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 |
| 25 |
| |
42 | In section 124 (income support), in subsection (1)(c), (f) and (g), for “married |
| |
or unmarried couple” substitute “couple”. |
| |
43 | In section 126 (trade disputes), in subsection (3)(b), (c) and (d), for “married |
| |
or unmarried couple” substitute “couple”. |
| 30 |
44 | In section 127 (effect of return to work), for “married or unmarried couple” |
| |
(in each place) substitute “couple”. |
| |
45 | In section 132 (couples), in subsection (1), for “married or unmarried couple” |
| |
| |
46 (1) | Amend section 137 (interpretation of Part 7 and supplementary provisions) |
| 35 |
| |
(2) | In paragraphs (a), (b) and (c) of the definition of “family” in subsection (1), |
| |
for “married or unmarried couple” substitute “couple”. |
| |
(3) | After the definition of “child” in subsection (1) insert— |
| |
| 40 |
(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 |
| |
but are living together as husband and wife otherwise |
| |
than in prescribed circumstances; |
| 45 |
|
| |
|
| |
|
(c) | two people of the same sex who are civil partners of |
| |
each other and are members of the same household; |
| |
| |
(d) | two people of the same sex who are not civil partners |
| |
of each other but are living together as if they were |
| 5 |
civil partners otherwise than in prescribed |
| |
| |
(4) | Omit the definitions of “married couple” and “unmarried couple” in |
| |
| |
(5) | After subsection (1) insert— |
| 10 |
“(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 |
| |
if, they would be regarded as living together as husband and wife |
| |
were they instead two people of the opposite sex.” |
| |
47 | In section 143 (meaning of “person responsible for child”), in subsection (5), |
| 15 |
after “spouses” insert “or civil partners”. |
| |
48 (1) | Amend section 145A (entitlement after death of child) as follows. |
| |
| |
(a) | in paragraph (a), after “couple” insert “or civil partnership” and after |
| |
“to whom he was married” insert “or who was his civil partner”, |
| 20 |
(b) | in paragraph (b), after “couple” insert “or a cohabiting same-sex |
| |
| |
(c) | for “married couple or unmarried couple” substitute “couple or |
| |
| |
(3) | Before the definition of “married couple” in subsection (5) insert— |
| 25 |
| ““civil partnership” means two people of the same sex who are |
| |
civil partners of each other and are neither— |
| |
(a) | separated under a court order, nor |
| |
(b) | separated in circumstances in which the separation is |
| |
| 30 |
| “cohabiting same-sex couple” means two people of the same sex |
| |
who are not civil partners of each other but are living |
| |
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 |
| 35 |
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.” |
| |
49 (1) | Amend section 150 (interpretation of Part 10) as follows. |
| |
(2) | In the definition of “war widow’s pension” in subsection (2)— |
| 40 |
(a) | after “any widow’s” insert “or surviving civil partner’s”, and |
| |
(b) | after “widow” insert “or surviving civil partner”. |
| |
(3) | For subsection (3) substitute— |
| |
“(3) | In this Part of this Act, “couple” has the meaning given by section |
| |
| 45 |
|
| |
|
| |
|
50 | In section 171ZL (entitlement to statutory adoption pay), in subsection |
| |
| |
(a) | after “married couple” insert “or civil partnership”, and |
| |
(b) | after “spouse” (in each place) insert “or civil partner”. |
| |
51 (1) | Amend Schedule 4A (additional pension) as follows. |
| 5 |
(2) | In paragraph 1(2), after “under pensionable age,” insert “or by virtue of |
| |
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 |
| |
| 10 |
52 (1) | Amend Schedule 7 (industrial injuries benefits) as follows. |
| |
(2) | For paragraph 4(3)(a) of 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 |
| 15 |
other but are living together as if they were |
| |
| |
(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”. |
| 20 |
(3) | In paragraph 5(2)(a)(ii) of Part 1, after “spouses” insert “or civil partners”. |
| |
| |
(a) | in paragraph 6(1), (3) and (4), after “spouse” (in each place) insert “or |
| |
| |
(b) | in paragraph 6(4)(a), after “spouse’s” insert “or civil partner’s”. |
| 25 |
(5) | In paragraph 15 of Part 6— |
| |
(a) | in sub-paragraph (2), after “remarries” insert “or forms a civil |
| |
| |
(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”. |
| 30 |
53 (1) | Amend Schedule 8 (industrial injuries and diseases: old cases) as follows. |
| |
(2) | In paragraph 6(4)(d), and the substituted paragraph (d) in paragraph 6(5), |
| |
after “spouse” (in each place) insert “or civil partner”. |
| |
(3) | After paragraph 8(1) insert— |
| |
“(1A) | Any reference in this Schedule to a member of a person’s family |
| 35 |
within the meaning of the Workmen’s Compensation Act 1925 is |
| |
to be read as including a civil partner of his.” |
| |
54 | In Schedule 9 (exclusions from entitlement to child benefit), in paragraph 3, |
| |
after “married” insert “or is a civil partner”. |
| |
| 40 |
Amendments of the Social Security Administration Act 1992 (c. 5) |
| |
55 | In section 2AA (full entitlement to certain benefits conditional on work- |
| |
focused interview for partner), in subsection (7), for the definition of |
| |
|
| |
|
| |
|
| |
| ““couple” has the meaning given by section 137(1) of the Contributions |
| |
| |
56 | 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”. |
| |
57 (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.” |
| |
58 (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.” |
| |
59 | 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 |
| |
60 | 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”. |
| |
61 (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”. |
| |
62 | In section 105 (failure to maintain - general), in subsection (4), after “spouse” |
| |
insert “or civil partner”. |
| |
63 (1) | Amend section 107 (recovery of expenditure on income support: additional |
| 5 |
amounts and transfer of orders) as follows. |
| |
(2) | In subsection (1)(b), after “wife” insert “or civil partner”. |
| |
(3) | In subsection (15), after paragraph (a)(ii) of the definition of “maintenance |
| |
| |
“(iii) | any order under Schedule 7 to the Civil Partnership |
| 10 |
Act 2004 for the making of periodical payments or |
| |
for the payment of a lump sum;”. |
| |
64 | 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 |
| |
| 15 |
65 | 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”. |
| |
66 | In section 156 (up-rating under section 150 of pensions increased under |
| 20 |
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 |
| |
| |
| 25 |
Amendments of the Social Security Contributions and Benefits (Northern |
| |
| |
67 | In section 20 (descriptions of contributory benefits), in subsection (1)(f)(ii), |
| |
after “spouse” insert “or civil partner”. |
| |
68 | In section 30A (incapacity benefit: entitlement), in subsection (2)(b)(ii), after |
| 30 |
“spouse” insert “or deceased civil partner”. |
| |
69 | In section 30B (incapacity benefit: rate), in subsection (3)(a), after “people” |
| |
insert “or civil partners”. |
| |
70 (1) | Amend section 36 (bereavement payment) as follows. |
| |
(2) | In subsection (1), after “spouse” (in each place) insert “or civil partner”. |
| 35 |
(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 |
| 40 |
(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.” |
| |
|
| |
|
| |
|
71 | In section 36A (cases in which sections 37 to 41 apply), in subsection (2), after |
| |
“spouse” insert “or civil partner”. |
| |
72 (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 |
| 5 |
(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.” |
| |
73 (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 |
| 10 |
(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.” |
| |
74 (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 |
| |
| 15 |
(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 |
| |
immediately before the time of the death, and |
| 20 |
(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 |
| |
fertilisation, or of sperm and eggs.” |
| 25 |
(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 |
| |
marries, but, subject to that, the surviving civil partner shall continue |
| 30 |
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.” |
| |
(7) | After subsection (5)(b) insert “or |
| 35 |
(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.” |
| |
75 (1) | Amend section 39B (bereavement allowance where no dependent children) |
| |
| 40 |
(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”. |
| |
|
| |
|