The Social Security (Civil Partnership) (Consequential Amendments) Regulations 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations make minor amendments to a number of statutory instruments dealing with social security to reflect the new status of civil partnership. The amendments are consequential upon the Civil Partnership Act 2004 (“the Act”). The Act, the substantive provisions of which come into force on the same date as these Regulations, enables same-sex couples to form a civil partnership by registering as civil partners of each other (and certain overseas relationships registered abroad may be treated as civil partnerships). The Act makes provision for civil partners to be treated in the same or similar way as spouses in relation to certain benefits and obligations.

Regulation 2 amends the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979 (S.I. 1979/642) so as to insert a provision relating to the circumstances in which a civil partner or a former civil partner can use the National Insurance contributions of the other party to the civil partnership to increase their category A retirement pension. It also further amends the provisions relating to the days of deferral to be treated as days on which increments can be earned so that these provisions apply to civil partners.

Regulation 3 amends the Social Security (General Benefit) Regulations 1982 (S.I. 1982/1408) to ensure that, where a beneficiary’s civil partner is undergoing imprisonment or detention in legal custody, an adult dependency increase is not payable.

Regulation 4 amends the Income Support (General) Regulations 1987 (S.I. 1987/1967) so as to provide that a war pension paid to third party in respect of a surviving civil partner is taken into account in the same way as a similar payment made in respect of a surviving spouse.

Regulation 5 amends the Social Security (Claims and Payments) Regulations 1987 (S.I. 1987/1968) in relation to the timing of benefit claims by civil partners.

Regulation 6 amends the Housing Benefit (General) Regulations 1987 (S.I. 1987/1971) to provide that same-sex couples and opposite-sex couples are treated in the same way where the calculation of the applicable amount for an in-patient is concerned. Regulation 7 makes a similar amendment to the Council Tax Benefit (General) Regulations 1992 (S.I. 1992/1814).

Regulation 8 amends the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (S.I. 1999/991) to ensure that same-sex couples are treated in the same way as opposite-sex couples in matters of decision-making and appeals.

Regulation 9 amends the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 (S.I. 2001/1002) to ensure that same-sex couples are treated in the same way as opposite-sex couples in matters of decision-making and appeals in respect of Housing Benefit and Council Tax Benefit.

Regulation 10 amends the Social Security (Deferral of Retirement Pensions) Regulations 2005 (S.I. 2005/453) in relation to the amount of retirement pension the deferrer would have earned in an accrual period in the calculation of a lump sum so that these provisions apply to civil partners.

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business. However a full Regulatory Impact Assessment was produced for the Civil Partnership Bill which reflects all the costs to Government, business and the voluntary sector. The RIA can be accessed at http://www.dti.gov.uk/access/ria/pdf/ria-civilpartnerships2004.pdf.