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 3 — Amendments of the Social Security Contributions and Benefits Act 1992 (c. 4)
341

(b)
for “widow or widower” substitute “widow, widower or surviving
civil partner”.
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
partner’s”, and
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
civil partner”.
37    (1)
Amend section 85 (pension increase: person with care of children) as
follows.
      (2)
Omit subsection (1).
      (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
benefit.”
      (4)
In subsection (2)—
(a)
for “the following provisions” substitute “subsections (3) and (4)
below”, and
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

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)
342

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
partner,”.
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
insert—
“(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
provisions) as follows.
      (2)
In subsection (1), in the definition of “relative” after “by marriage” insert “or
civil partnership”.
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
opposite sex.”
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”
substitute “couple”.
46    (1)
Amend section 137 (interpretation of Part 7 and supplementary provisions)
35
as follows.
      (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—

““couple” means—
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

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)
343

(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
5
civil partners otherwise than in prescribed
circumstances;”.
      (4)
Omit the definitions of “married couple” and “unmarried couple” in
subsection (1).
      (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.
      (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”,
20
(b)
in paragraph (b), after “couple” insert “or a cohabiting same-sex
couple”, and
(c)
for “married couple or unmarried couple” substitute “couple or
partnership”.
      (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
likely to be permanent,
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
137(1) above.”
45

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)
344

50
In section 171ZL (entitlement to statutory adoption pay), in subsection
(4)(b)—
(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
“or civil partner”.
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
husband and 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”.
20
      (3)
In paragraph 5(2)(a)(ii) of Part 1, after “spouses” insert “or civil partners”.
      (4)
In Part 1—
(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”.
25
      (5)
In paragraph 15 of Part 6—
(a)
in sub-paragraph (2), after “remarries” insert “or forms a civil
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”.
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”.
Part 4
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

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)
345

“couple” substitute—

““couple” has the meaning given by section 137(1) of the Contributions
and Benefits Act;”.
56
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”.
57    (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.”
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
partner”.
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.”
      (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)
346

(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
order” insert—
“(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
civil partner”.
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
civil partner’s”.
Part 5
25
Amendments of the Social Security Contributions and Benefits (Northern
Ireland) Act 1992 (c. 7)
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.”

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)
347

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
civil partner”.
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;
and
(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)
as follows.
40
      (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”.