Welfare Reform Act 2012

39 Couples E+W+S

[F1 (1) In this Part “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;

(c) two people of the same sex who are civil partners of each other and are members of the same household;

(d) two people of the same sex who are not civil partners of each other but are living together as civil partners.]

[F1 (1) In this Part “couple” means—

(a) two people who are married to, or civil partners of, each other and are members of the same household; or

(b) two people who are not married to, or civil partners of, each other but are living together as a married couple.]

(2) [F2 For the purposes of this section, two people of the same sex are to be treated as living together as if they were civil partners if, and only if, they would be treated as living together as husband and wife were they of opposite sexes.]

(3) For the purposes of this section regulations may prescribe—

(a) circumstances in which the fact that two persons are [F3 husband and wife] [F3 married] or are civil partners is to be disregarded;

(b) circumstances in which [F4 a man and a woman are to be treated as living together as husband and wife] [F4 two people are to be treated as living together as a married couple];

(c) circumstances in which people are to be treated as being or not being members of the same household.

Textual Amendments

F1 S. 39(1) substituted (E.W.) (13.3.2014) by The Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) Order 2014 (S.I. 2014/560), art. 1(2), Sch. 1 para. 36(2)

F2 S. 39(2) omitted (E.W.) (13.3.2014) by virtue of The Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) Order 2014 (S.I. 2014/560), art. 1(2), Sch. 1 para. 36(3)

F3 Word in s. 39(3)(a) substituted (E.W.) (13.3.2014) by The Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) Order 2014 (S.I. 2014/560), art. 1(2), Sch. 1 para. 36(4)(a)

F4 Words in s. 39(3)(b) substituted (E.W.) (13.3.2014) by The Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) Order 2014 (S.I. 2014/560), art. 1(2), Sch. 1 para. 36(4)(b)

Modifications etc. (not altering text)

C1 Pt. 1 modified by 1995 c. 18, Sch. 1 para. 2(3) (as inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 10(b))

Commencement Information

I1 S. 39(1)(2)(3)(b)(c) in force at 29.4.2013 by S.I. 2013/983, art. 3(1)(a)

I2 S. 39(3)(a) in force at 25.2.2013 by S.I. 2013/358, art. 2(2), Sch. 2 para. 18