SCHEDULE 3Consequential and related amendments

PART 1Primary legislation

Social Security Contributions and Benefits Act 199214

1

The Social Security Contributions and Benefits Act 1992109 is amended as follows.

2

In each of the following provisions, for “as a married couple” substitute “as if they were a married couple or civil partners”—

a

section 37(4)(b)110;

b

section 38(3)(c);

c

section 39A(5)(b);

d

in section 137(1), in the definition of “couple”, paragraph (b);

e

in Schedule 7, paragraph 4(3)(a)(ii).

3

In section 77(9)111—

a

for “a husband and wife are residing together” substitute “a man and woman are married to, or civil partners of, each other and are residing together,”;

b

for “the wife” substitute “the woman”.

4

In section 145A112—

a

in subsection (2)(b), for “an unmarried couple or a cohabiting same-sex couple” substitute “a cohabiting couple”;

b

in subsection (5)—

i

in the definition of “civil partnership”, omit “of the same sex”;

ii

for the definition of “cohabiting same-sex couple” substitute—

  • “cohabiting couple” means two people who are not married to, or civil partners, of each other but are living together as if they were a married couple or civil partners;

iii

omit the definition of “unmarried couple”;

c

omit subsection (6).

5

In Schedule 10—

a

for paragraph 3 substitute—

Opposite-sex spouses or civil partners3

Subject to paragraphs 1 and 2 above, as between a man and woman who are married to, or civil partners of, each other and are residing together, the woman shall be entitled.

b

in paragraph 4(2)113, for “not husband and wife” substitute “do not fall within paragraph 3”.