The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 No. 2877

SCHEDULE 3 Amendments of subordinate legislation relating to social security

Social Security Benefit (Persons Abroad) Regulations 1975

5.—(1) Amend the Social Security Benefit (Persons Abroad) Regulations 1975 M1 as follows.

(2) In regulation 2 (modification of the Act in relation to incapacity benefit, severe disablement allowance, unemployability supplement and maternity allowance) M2 , in paragraph (5)(b) M3 after “spouse,” insert “ civil partner, ”.

(3) In regulation 4 (modification of the Act in relation to widow's benefit, bereavement benefit, child's special allowance, guardian's allowance and retirement pension) M4 —

(a) in paragraph (2B) M5 —

(i) in sub-paragraph (a)—

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

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

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

(ii) in sub-paragraph (b)—

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

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

(iii) in sub-paragraph (c), after “surviving spouse” insert “ or surviving civil partner ”;

(b) in paragraph (4) M6 —

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

(ii) after “former spouse” (in each place) insert “ or former civil partner ”.

(4) In regulation 5 (application of disqualification in respect of up-rating of benefit)—

(a) in paragraph (3)—

(i) in sub-paragraph (b) M7 —

(aa) for “a widow or a widower” substitute “ a widow, a widower or a surviving civil partner ”;

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

(ii) in sub-paragraph (d) M8 after “deceased spouse” insert “ or deceased civil partner ”;

(b) in paragraph (6) M9 after “former spouse” (in each place) insert “ or former civil partner ”;

(c) in paragraph (7) M10 —

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

(ii) after “were husband and wife” insert “ or were civil partners ”;

(iii) after “became husband and wife” insert “ or formed a civil partnership ”.

(5) In regulation 13 (modification of the Act in relation to a dependant)—

(a) after “A husband or wife” insert “ or civil partner ”;

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

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

(d) for “the husband or wife” substitute “ the husband, wife or civil partner ”.

Marginal Citations

M1 S.I. 1975/563.

M2 The heading to regulation 2 was substituted by S.I. 1994/268 and amended by S.I. 1995/829.

M3 Paragraph (5) was inserted by S.I. 1994/268 and amended by S.I. 1995/829.

M4 The heading to regulation 4 was amended by S.I. 2000/2876.

M5 Paragraph (2B) was inserted by S.I. 2000/2876, and sub-paragraph (a) was substituted by S.I. 2001/2618.

M6 Paragraph (4) was inserted by S.I. 1979/1432.

M7 Sub-paragraph (b) was substituted by S.I. 1979/1432.

M8 Sub-paragraph (d) was amended by S.I. 1989/1642 and S.I. 2000/2876.

M9 Paragraph (6) was substituted by S.I. 1979/1432 and amended by S.I. 1989/1642 and S.I. 1994/1832.

M10 Paragraph (7) was substituted by S.I. 1979/1432 and amended by S.I. 1989/1642.