Civil Partnership Bill [HL]

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

Civil Partnership Bill [HL]

Civil Partnership Bill [HL]
Schedule 24 — Social security, child support and tax credits
Part 7 — Amendments of the Jobseekers Act 1995 (c. 18)
355

(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”.
113   (1)
Amend section 74 (recovery of social fund awards) as follows.
      (2)
In subsection (3)(b), for “married or unmarried couple” substitute “couple”.
5
      (3)
For subsection (5) substitute—
“(5)
In this section, “couple” has the meaning given by section 133(1) of
the Contributions and Benefits Act.”
      (4)
In subsection (6)—
(a)
in paragraph (a), after “wife” insert “or civil partner”, and
10
(b)
in paragraph (b), after “husband” insert “or civil partner”.
114
In section 100 (failure to maintain - general), in subsection (4), after “spouse”
insert “or civil partner”.
115
In section 102 (recovery of expenditure on income support: additional
amounts and transfer of orders), in subsection (1)(b), after “wife” insert “or
15
civil partner”.
116
In section 103B (power to require information), in subsection (5)(a), for
“married, his spouse” substitute “married or is a civil partner, his spouse or
civil partner”.
117
In section 136 (up-rating under section 132 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 7
25
Amendments of the Jobseekers Act 1995 (c. 18)
118
In section 1 (the jobseeker’s allowance), in subsection (4), in the definition of
“a joint-claim couple”, for “married or unmarried couple” substitute
“couple”.
119
In section 3 (the income-based conditions), in subsection (1)(dd) and (e), for
30
“married or unmarried couple” substitute “couple”.
120
In section 15 (effect on other claimants), in subsection (2)(b), for “married or
unmarried couple” substitute “couple”.
121
In section 15A (trade disputes: joint-claim couples), in subsection (5)(c), for
“married or unmarried couple” substitute “couple”.
35
122
In section 23 (recovery of sums in respect of maintenance), in subsection (1),
after “spouse” insert “or civil partner”.
123
In section 31 (termination of awards), in subsections (1) and (2), for “married
or unmarried couple” substitute “couple”.
124   (1)
Amend section 35 (interpretation) as follows.
40
      (2)
After the definition of “contribution-based jobseeker’s allowance” in

Civil Partnership Bill [HL]
Schedule 24 — Social security, child support and tax credits
Part 8 — Amendments of the Child Support Act 1995 (c. 34)
356

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
5
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
10
(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;”.
      (3)
In paragraphs (a), (b) and (c) of the definition of “family” in subsection (1),
15
for “married or unmarried couple” substitute “couple”.
      (4)
Omit the definitions of “married couple” and “unmarried couple” in
subsection (1).
      (5)
After subsection (1) insert—
“(1A)
For the purposes of this Act, 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.”
125
In Schedule 1 (supplementary provisions), in paragraph 9C(1), for “married
or unmarried couple” substitute “couple”.
25
Part 8
Amendments of the Child Support Act 1995 (c. 34)
126   (1)
Amend subsection (7) of section 10 (the child maintenance bonus) as follows.
      (2)
After the definition of “child maintenance” insert—

““couple” means—
30
(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;
35
(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
40
civil partners otherwise than in prescribed
circumstances;”.
      (3)
In the definition of “family” for “married or unmarried couple” (in each
place) substitute “couple”.
      (4)
Omit the definitions of “married couple” and “unmarried couple”.
45

Civil Partnership Bill [HL]
Schedule 24 — Social security, child support and tax credits
Part 10 — Amendments of the Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15))
357

127
After section 10(7) insert—
“(7A)
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.”
5
Part 9
Amendments of the Child Support (Northern Ireland) Order 1995 (S.I. 1995/
2702 (N.I. 13))
128   (1)
Amend paragraph (7) of Article 4 (the child maintenance bonus) as follows.
      (2)
After the definition of “child maintenance” insert—
10

““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
but are living together as husband and wife otherwise
15
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
(d)
two people of the same sex who are not civil partners
20
of each other but are living together as if they were
civil partners otherwise than in prescribed
circumstances;”.
      (3)
In the definition of “family” for “married or unmarried couple” (in each
place) substitute “couple”.
25
      (4)
Omit the definitions of “married couple” and “unmarried couple”.
129
After that paragraph insert—
“(7A)
For the purposes of this Article, 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.”
Part 10
Amendments of the Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705
(N.I. 15))
130   (1)
Amend Article 2 (interpretation) as follows.
35
      (2)
After the definition of “contribution-based jobseeker’s allowance” in
paragraph (2) insert—

““couple” means—
(a)
a man and woman who are married to each other and
are members of the same household;
40
(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;

Civil Partnership Bill [HL]
Schedule 24 — Social security, child support and tax credits
Part 11 — Amendments of the Social Security Act 1998 (c. 14)
358

(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;”.
      (3)
In paragraphs (a), (b) and (c) of the definition of “family” in paragraph (2),
for “married or unmarried couple” substitute “couple”.
      (4)
Omit the definitions of “married couple” and “unmarried couple” in
10
paragraph (2).
      (5)
After paragraph (2) insert—
“(2A)
For the purposes of this Order, 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
15
were they instead two people of the opposite sex.”
131
In Article 3 (the jobseeker’s allowance), in paragraph (4), in the definition of
“a joint-claim couple”, for “married or unmarried couple” substitute
“couple”.
132
In Article 5 (the income-based conditions), in paragraphs (1)(dd) and (e), for
20
“married or unmarried couple” substitute “couple”.
133
In Article 17 (effect on other claimants), in paragraph (2)(b), for “married or
unmarried couple” substitute “couple”.
134
In Article 17A (trade disputes: joint-claim couples), in paragraph (5)(c), for
“married or unmarried couple” substitute “couple”.
25
135
In Article 25 (recovery of sums in respect of maintenance), in paragraph (1),
after “spouse” insert “or civil partner”.
136
In Article 32 (termination of awards), in paragraphs (1) and (2), for “married
or unmarried couple” substitute “couple”.
137
In Schedule 1 (supplementary provisions), in paragraph 9C(1), for “married
30
or unmarried couple” substitute “couple”.
Part 11
Amendments of the Social Security Act 1998 (c. 14)
138   (1)
Amend section 72 (power to reduce child benefit for lone parents) as follows.
      (2)
In subsection (2), after “spouse” (in each place) insert “or civil partner”.
35
      (3)
After subsection (2) insert—
“(3)
For the purpose of this section, a parent is to be regarded as living
with another person as his civil partner if, but only if, he would be
regarded as living with the other person as his spouse, were they
instead two people of the opposite sex.”
40

Civil Partnership Bill [HL]
Schedule 24 — Social security, child support and tax credits
Part 13 — Amendments of the State Pension Credit Act 2002 (c. 16)
359

Part 12
Amendments of the Social Security (Northern Ireland) Order 1998 (S.I. 1998/
1506 (N.I. 10))
139   (1)
Amend Article 68 (power to reduce child benefit for lone parents) as follows.
      (2)
In paragraph (2), after “spouse” (in each place) insert “or civil partner”.
5
      (3)
After paragraph (2) insert—
“(3)
For the purpose of this Article, a parent is to be regarded as living
with another person as his civil partner if, but only if, he would be
regarded as living with the other person as his spouse, were they
instead two people of the opposite sex.”.
10
Part 13
Amendments of the State Pension Credit Act 2002 (c. 16)
140
In sections 2(5)(a) and (8)(b), 3(1)(b), 4(1), 5, 6(3)(c)(ii) and 9(4)(a), (b) and (d),
for “married or unmarried couple” substitute “couple”.
141
In section 2(5)(b), for “such a couple” substitute “a couple”.
15
142   (1)
Amend subsection (1) of section 17 (other interpretation provisions) as
follows.
      (2)
After the definition of “the Contributions and Benefits Act” insert—

““couple” means—
(a)
a man and woman who are married to each other and
20
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;
(c)
two people of the same sex who are civil partners of
25
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 partners otherwise than in prescribed
30
circumstances;”.
      (3)
In the definition of “foreign war widow’s or widower’s pension” for “widow
or widower” (in each place) substitute “widow, widower or surviving civil
partner”.
      (4)
Omit the definitions of “married couple” and “unmarried couple”.
35
      (5)
In the definition of “war widow’s or widower’s pension”—
(a)
in paragraph (a), for “any widow’s or widower’s” substitute “any
widow’s, widower’s or surviving civil partner’s”, and
(b)
in paragraph (b), for “widow or widower” substitute “widow,
widower or surviving civil partner”.
40
143
After section 17(1) insert—
“(1A)
For the purposes 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

Civil Partnership Bill [HL]
Schedule 24 — Social security, child support and tax credits
Part 15 — Amendments of the State Pension Credit Act (Northern Ireland) 2002 (c. 14 (N.I.))
360

if, they would be regarded as living together as husband and wife
were they instead two people of the opposite sex.”
Part 14
Amendments of the Tax Credits Act 2002 (c. 21)
144   (1)
Amend section 3 (claims) as follows.
5
      (2)
In subsection (3)(a), for “married couple or unmarried couple” substitute
“couple”.
      (3)
For subsections (5) and (6) substitute—
“(5A)
In this Part “couple” means—
(a)
a man and woman who are married to each other and are
10
neither—
(i)
separated under a court order, nor
(ii)
separated in circumstances in which the separation is
likely to be permanent,
(b)
a man and woman who are not married to each other but are
15
living together as husband and wife,
(c)
two people of the same sex who are civil partners of each
other and are neither—
(i)
separated under a court order, nor
(ii)
separated in circumstances in which the separation is
20
likely to be permanent, 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 partners.”
145
In sections 4(1)(g), 11(6)(b) and (c), 17(10)(b), 24(2) and 32(6), for “married
couple or an unmarried couple” (in each place) substitute “couple”.
25
146
In sections 4(1)(g) and 17(10)(b), for “the married couple or unmarried
couple” substitute “the couple”.
147   (1)
Renumber section 48 (interpretation) as subsection (1) of that section.
      (2)
In subsection (1), after the definition of “child” insert—

““couple” has the meaning given by section 3(5A),”,
30

and omit the definitions of “married couple” and “unmarried couple”.
      (3)
After subsection (1) insert—
“(2)
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
35
were they instead two people of the opposite sex.”
Part 15
Amendments of the State Pension Credit Act (Northern Ireland) 2002 (c. 14
(N.I.))
148
In sections 2(5)(a) and (8)(b), 3(1)(b), 4(1), 5, 6(3)(c)(ii) and 9(4)(a), (b) and (d),
40
for “married or unmarried couple” substitute “couple”.
149
In section 2(5)(b), for “such a couple” substitute “a couple”.

Civil Partnership Bill [HL]
Schedule 25 — Amendment of certain enactments relating to pensions
361

150   (1)
Amend subsection (1) of section 17 (other interpretation provisions) as
follows.
      (2)
After the definition of “the Contributions and Benefits Act” insert—

““couple” means—
(a)
a man and woman who are married to each other and
5
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;
(c)
two people of the same sex who are civil partners of
10
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 partners otherwise than in prescribed
15
circumstances;”.
      (3)
In the definition of “foreign war widow’s or widower’s pension” for “widow
or widower” (in each place) substitute “widow, widower or surviving civil
partner”.
      (4)
Omit the definitions of “married couple” and “unmarried couple”.
20
      (5)
In the definition of “war widow’s or widower’s pension”—
(a)
in paragraph (a), for “any widow’s or widower’s” substitute “any
widow’s, widower’s or surviving civil partner’s”, and
(b)
in paragraph (b), for “widow or widower” substitute “widow,
widower or surviving civil partner”.
25
151
After section 17(1) insert—
“(1A)
For the purposes 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.”
30
Schedule 25
Section 256

Amendment of certain enactments relating to pensions
Fire Services Act 1947 (c. 41)
1
In section 26 (firemen’s pension scheme), in subsections (1) and (2A), for
“widows,” substitute “surviving spouses, surviving civil partners,”.
35
House of Commons Members’ Fund Act 1948 (c. 36)
2
In section 4 (provision for cases of special hardship), in subsection (1)(b), for
“widowers” substitute “widowers, surviving civil partners”.