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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)

348

 

      (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

expires,

   

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

allowance)—

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

partner”.

78    (1)  

Amend section 48 (use of former spouse’s contributions) as follows.

      (2)  

In subsection (1)—

(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

partnership.”

79    (1)  

Amend section 48A (category B retirement pension for married person) as

40

follows.

      (2)  

After subsection (2) insert—

“(2A)   

A person who—

(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,

 

 

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)

349

 

   

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,

paragraph 5.”

      (3)  

In subsections (3) and (4), after “spouse” insert “or contributing civil

partner”.

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

widowers) as follows.

      (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

if—

(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,

and

(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

 

 

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)

350

 

      (3)  

In subsection (2)—

(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)  

In subsection (4)—

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

or after 6th April 2010.

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),

in subsection (2)—

(a)   

after “married” insert “or a civil partner”, and

(b)   

for “widow or widower” substitute “widow, widower or surviving

civil partner”.

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

partner’s”, and

(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

civil partner”.

 

 

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)

351

 

91    (1)  

Amend section 85 (pension increase (person with care of children)) as

follows.

      (2)  

Omit subsection (1).

      (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

benefit.”

      (4)  

In subsection (2)—

(a)   

for “the following provisions” substitute “subsections (3) and (4)

below”, and

(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

partner,”.

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)

insert—

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

provisions) as follows.

      (2)  

In subsection (1), in the definition of “relative” after “by marriage” insert “or

civil partnership”.

      (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

opposite sex.”

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)

352

 

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)

as follows.

      (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—

   

““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

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;

or

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

circumstances;”.

      (4)  

Omit the definitions of “married couple” and “unmarried couple” in

25

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

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.

      (2)  

In subsection (2)—

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

couple”, and

(c)   

for “married couple or unmarried couple” substitute “couple or

40

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—

(a)   

separated under a court order, nor

45

(b)   

separated in circumstances in which the separation is

likely to be permanent,

 

 

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)

353

 

   

“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

133(1) above.”

15

103        

In section 167ZL (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”.

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

“or civil partner”.

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

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”.

35

      (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”.

40

      (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”.

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)

354

 

106        

In Schedule 9 (exclusions from entitlement to child benefit), in paragraph 3,

after “married” insert “or is a civil partner”.

Part 6

Amendments of the Social Security Administration (Northern Ireland) Act

1992 (c. 8)

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” substitute—

           

““couple” has the meaning given by section 133(1) of the Contributions

and Benefits Act;”.

10

108        

In section 3 (late claims for bereavement benefit where death is difficult to

establish)—

(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.

      (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

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

partner”.

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;”,

 

 

 
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