Civil Partnership Act 2004 (c. 33)

(The document as of February, 2008)

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82 (1) Amend section 51 (category B retirement pension for widowers) as follows.

(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,

(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. "

(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)--

(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.

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".

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".

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--

" (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; " .

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)--

(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

90 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 civil partner".

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 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 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 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 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,".

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--

" (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; " .

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--

" (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. "

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" (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".

(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 but are living together as husband and wife otherwise than in prescribed circumstances;

(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 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 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)--

(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

(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

(b) separated in circumstances in which the separation is likely to be permanent,

"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 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)--

(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. "

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.

(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".

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 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 " .

(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".

(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".

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)

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; " .

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 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

(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".

(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. "

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. "

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)--

(a) after the definition of "child maintenance" insert--

" "couple" has the meaning given by section 133(1) of the Contributions and Benefits Act; " ,

(b) in the definition of "family", for "married or unmarried couple" (in each place) substitute "couple", and

113 (1) Amend section 74 (recovery of social fund awards) as follows.

(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 133(1) of the Contributions and Benefits Act. "

(4) In subsection (6)--

(a) in paragraph (a), after "wife" insert "or civil partner", and

(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 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 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 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 "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".

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.

(2) After the definition of "contribution-based jobseeker's allowance" 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 but are living together as husband and wife otherwise than in prescribed circumstances;

(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), 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 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".

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--

(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;

(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 the definition of "family" for "married or unmarried couple" (in each place) substitute "couple".

(4) Omit the definitions of "married couple" and "unmarried couple".

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. "

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--

" "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 than in prescribed circumstances;

(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 the definition of "family" for "married or unmarried couple" (in each place) substitute "couple".

(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 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.

(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;

(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;

(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 paragraph (2), for "married or unmarried couple" substitute "couple".

(4) Omit the definitions of "married couple" and "unmarried couple" in 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 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 "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".

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 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".

(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. "

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".

(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. " .

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".

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 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;

(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 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".

(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".

143 After section 17(1) insert--

Part 14 Amendments of the Tax Credits Act 2002 (c. 21)

144 (1) Amend section 3 (claims) as follows.

(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 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 living together as husband and wife,

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