The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005

Social Security (Widow's Benefit and Retirement Pensions) Regulations 1979

10.—(1) Amend the Social Security (Widow's Benefit and Retirement Pensions) Regulations 1979 M1 as follows.

(2) In regulation 7A (Category B retirement pension for surviving spouses by virtue of deceased spouse's contributions) M2 —

(a) in the heading preceding it—

(i) after “surviving spouses” insert “ and surviving civil partners ”;

(ii) after “deceased spouse's” insert “ or deceased civil partner's ”;

(b) in paragraph (2)(e) after “remarried” insert “ or formed a civil partnership ”;

(c) in paragraph (3)(a) after “spouse” insert “ or civil partner ”.

(3) In regulation 8 (substitution of former spouse's contribution record to give entitlement to a Category A retirement pension)—

(a) in the heading preceding it, after “former spouse's” insert “ or former civil partner's ”;

(b) in paragraph (1)—

(i) in sub-paragraph (a) after “did not remarry” insert “ or, as the case may be, form a civil partnership ”;

(ii) after sub-paragraph (a) insert the following sub-paragraph—

“(aa) any person whose last civil partnership terminated before he attained pensionable age and who did not form a subsequent civil partnership or, as the case may be, marry before that date;”

(iii) in sub-paragraph (b) M3 —

(aa) after “attaining pensionable age” insert “ or whose civil partner died on or after the man or woman had attained that age ”;

(bb) after “former spouse” insert “ or former civil partner ”;

(iv) in sub-paragraph (c)—

(aa) after “last marriage” insert “ or last civil partnership ”;

(bb) after “his spouse” insert “ or, as the case may be, his civil partner ”;

(c) in paragraph (2)—

(i) after “marriage” insert “ or civil partnership ”;

(ii) after “former spouse” insert “ or former civil partner ”;

(d) in paragraph (3)—

(i) after “former spouse” insert “ or former civil partner ”;

(ii) after “marriage” insert “ or civil partnership ”;

(e) in paragraph (6) after “his spouse's” insert “ or his civil partner's ”.

(4) In regulation 16ZA (provision in relation to entitlement to child benefit for the purposes of a widowed parent's allowance) M4 —

(a) in paragraph (1)—

(i) after “(“the surviving spouse”)” insert “ or whose civil partner has died (“surviving civil partner”) ”;

(ii) in sub-paragraph (b) after “surviving spouse” insert “ or surviving civil partner ”;

(b) in paragraph (2)—

(i) after “a surviving spouse” insert “ or surviving civil partner ”;

(ii) after “more than once married” insert “ , has formed more than one civil partnership, or who has been both married and formed a civil partnership ”;

(iii) after “with the deceased spouse” insert “ or, as the case may be, the deceased civil partner ”;

(iv) after “the deceased spouse” insert “ or deceased civil partner ”;

(v) in sub-paragraph (a)—

(aa) after “spouse” (in each place) insert “ or civil partner ”;

(bb) after “marriage” insert “ or, as the case may be, by the formation of a civil partnership ”;

(cc) after “that previous spouse's” insert “ or previous civil partner's ”;

(vi) in sub-paragraph (b) after “spouse” (in each place) insert “ or civil partner ”.

(5) In Schedule 1 (method of treating former spouse's contributions as those of the beneficiary so as to entitle him to a Category A retirement pension)—

(a) in the heading preceding it, after “former spouse's” insert “ or former civil partner's ”;

(b) in paragraph 1—

(i) after “the former spouse's” (in each place) insert “ or former civil partner's ”;

(ii) after “the marriage” (in each place) insert “ or, as the case may be, the civil partnership ”;

(c) in paragraph 2 after “marriage” (in each place) insert “ or civil partnership ”;

(d) in paragraph 3—

(i) after “in which the marriage took place” (in each place) insert “ or the civil partnership was formed ”;

(ii) for “in which the marriage terminated” (in each place) substitute “ in which the marriage or civil partnership terminated ”.

Marginal Citations

M1 S.I. 1979/642.

M2 Regulation 7A was inserted by S.I. 2000/1483.

M3 Sub-paragraph (b) was substituted by S.I. 2000/1483.

M4 Regulation 16ZA was inserted by S.I. 2001/1235.