|
| |
|
(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— |
| 5 |
(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 |
| 10 |
(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.” |
| |
76 | In section 39C (rate of widowed parent’s allowance and bereavement |
| |
| 15 |
(a) | after “spouse” (in each place) insert “or civil partner”, and |
| |
(b) | in subsection (5), after “spouse’s” insert “or civil partner’s”. |
| |
77 | 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 |
| 20 |
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 |
| |
(c) | after “spouse” (in each place) in subsection (3), insert “or civil |
| 25 |
| |
78 (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 |
| 30 |
(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, |
| |
this section applies only to the last relevant relationship and the |
| 35 |
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 |
| |
| |
79 (1) | Amend section 48A (category B retirement pension for married person) as |
| 40 |
| |
(2) | After subsection (2) insert— |
| |
| |
(a) | has attained pensionable age, and |
| |
(b) | on attaining that age was a civil partner or forms a civil |
| 45 |
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. |
| |
(2B) | The requirement is that the contributing civil partner— |
| |
(a) | has attained pensionable age and become entitled to a |
| 5 |
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 |
| |
| 10 |
(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”. |
| |
(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 |
| 15 |
civil partnership with a person who was born before 6th April 1950. |
| |
80 (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 |
| 20 |
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, |
| |
| shall be entitled to a Category B retirement pension by virtue of the |
| |
contributions of the civil partner if the civil partner satisfied the |
| 25 |
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”. |
| |
81 (1) | Amend section 48BB (category B retirement pension: entitlement by |
| |
reference to benefits under section 39A or 39B) as follows. |
| 30 |
(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 |
| |
death married or formed a civil partnership”. |
| |
82 (1) | Amend section 51 (category B retirement pension for widowers) as follows. |
| 35 |
(2) | After subsection (1) insert— |
| |
“(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, |
| 40 |
(b) | they were both over pensionable age at the time of that death, |
| |
| |
(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.” |
| 45 |
|
| |
|
| |
|
| |
(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”. |
| |
| 5 |
(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 |
| |
Category B retirement pension on a person who attains pensionable age on |
| |
| 10 |
83 | 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”. |
| |
84 | In section 52 (special provision for surviving spouses), in subsection (1), after |
| |
“spouse” insert “or civil partner”. |
| 15 |
85 | In section 60 (complete or partial failure to satisfy contribution conditions), |
| |
| |
(a) | after “married” insert “or a civil partner”, and |
| |
(b) | for “widow or widower” substitute “widow, widower or surviving |
| |
| 20 |
86 | 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, |
| |
widowers or surviving civil partners”. |
| |
87 | In section 62 (graduated retirement benefit), after subsection (1)(aa) insert— |
| 25 |
“(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;”. |
| 30 |
88 | 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”. |
| |
89 | In section 82 (short-term benefit: increase for adult dependants)— |
| 35 |
(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”. |
| |
90 | In section 83A (pension increase for spouse)— |
| 40 |
(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 |
| |
| |
|
| |
|
| |
|
91 (1) | Amend section 85 (pension increase (person with care of children)) as |
| |
| |
| |
(3) | After subsection (1) insert— |
| |
“(1A) | Subject to subsections (2A) and (4) below, the weekly rate of a |
| 5 |
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 |
| |
children in respect of whom the pensioner is entitled to child |
| 10 |
| |
| |
(a) | for “the following provisions” substitute “subsections (3) and (4) |
| |
| |
(b) | for “pension to which this section applies” substitute “Category C |
| 15 |
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 |
| |
pension, or to a Category C retirement pension by virtue of section |
| 20 |
78(2) above or in such other cases as may be prescribed.” |
| |
(6) | In subsection (4), after “subsection” insert “(1A) or”. |
| |
92 | In section 113 (general provisions as to disqualification and suspension), in |
| |
subsection (1), for “wife or husband,” substitute “wife, husband or civil |
| |
| 25 |
93 | 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”. |
| |
94 | In section 120 (treatment of certain marriages), after subsection (1)(a) |
| |
| 30 |
“(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;”. |
| 35 |
95 (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— |
| 40 |
“(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 |
| |
| 45 |
|
| |
|
| |
|
96 | In section 123 (income support), in subsection (1)(c), (f) and (g), for “married |
| |
or unmarried couple” substitute “couple”. |
| |
97 | In section 125 (trade disputes), in subsection (3)(b), (c) and (d), for “married |
| |
or unmarried couple” substitute “couple”. |
| |
98 | In section 126 (effect of return to work), for “married or unmarried couple” |
| 5 |
(in each place) substitute “couple”. |
| |
99 (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”. |
| 10 |
(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; |
| |
(b) | a man and woman who are not married to each other |
| 15 |
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; |
| |
| 20 |
(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 |
| |
| |
(4) | Omit the definitions of “married couple” and “unmarried couple” in |
| 25 |
| |
(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 |
| |
if, they would be regarded as living together as husband and wife |
| 30 |
were they instead two people of the opposite sex.” |
| |
100 | In section 139 (meaning of “person responsible for child”), in subsection (5), |
| |
after “spouses” insert “or civil partners”. |
| |
101 (1) | Amend section 141A (entitlement after death of child) as follows. |
| |
| 35 |
(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 |
| |
| |
(c) | for “married couple or unmarried couple” substitute “couple or |
| 40 |
| |
(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— |
| |
(a) | separated under a court order, nor |
| 45 |
(b) | separated in circumstances in which the separation is |
| |
| |
|
| |
|
| |
|
| “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 |
| 5 |
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 146 (interpretation of Part 10) as follows. |
| |
(2) | In the definition of “war widow’s pension” in subsection (2)— |
| 10 |
(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 |
| |
| 15 |
103 | In section 167ZL (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”. |
| |
104 (1) | Amend Schedule 4A (additional pension) as follows. |
| 20 |
(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 |
| |
| 25 |
105 (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 other |
| 30 |
but are living together as if they were husband and |
| |
| |
(iii) | two people of the same sex who are not civil partners |
| |
of each other but are living together as if they were |
| |
| 35 |
(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”. |
| 40 |
(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”. |
| 45 |
|
| |
|
| |
|
106 | In Schedule 9 (exclusions from entitlement to child benefit), in paragraph 3, |
| |
after “married” insert “or is a civil partner”. |
| |
| |
Amendments of the Social Security Administration (Northern Ireland) Act |
| |
| 5 |
107 | 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 133(1) of the Contributions |
| |
| 10 |
108 | In section 3 (late claims for bereavement benefit where death is difficult to |
| |
| |
(a) | after “spouse” (in each place) insert “or civil partner”, and |
| |
(b) | after “spouse’s” (in each place) insert “or civil partner’s”. |
| |
109 (1) | Amend section 13A (payment out of benefit of sums in respect of mortgage |
| 15 |
interest etc.) as follows. |
| |
| |
(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 |
| |
| 20 |
(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 |
| |
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”. |
| 25 |
(3) | After subsection (4A) insert— |
| |
“(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.” |
| 30 |
110 (1) | Amend section 69 (overpayments - general) as follows. |
| |
(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.” |
| 35 |
111 | In section 71 (overlapping benefits - general), in subsections (2)(b) and (d) |
| |
and (5)(b) and (d), for “wife or husband” substitute “wife, husband or civil |
| |
| |
112 | In section 72A (payment of benefit where maintenance payments collected |
| |
by Department), in subsection (5)— |
| 40 |
(a) | after the definition of “child maintenance” insert— |
| |
| ““couple” has the meaning given by section 133(1) of the |
| |
Contributions and Benefits Act;”, |
| |
|
| |
|