The National Health Service (Pension Scheme, Injury Benefits, Additional Voluntary Contributions and Compensation for Premature Retirement) (Civil Partnership) Amendment Regulations 2005

Amendment of the National Health Service (Injury Benefits) Regulations 1995

3.—(1) The National Health Service (Injury Benefits) Regulations 1995(1) shall be amended in accordance with the following paragraphs.

(2) In regulation 7 (widow’s or widower’s allowance)—

(a) in the heading for “Widow’s or widower's”, substitute “Widow's, widower’s or surviving civil partner's”;

(b) in paragraphs (1) and (2) for “widow or widower”, substitute (in each place) “widow, widower or surviving civil partner”; and

(c) for paragraph (3) substitute—

“(3) Except where paragraph (3A) applies, a widow, widower or surviving civil partner shall not be entitled to receive an allowance—

(a) if the marriage took place or the civil partnership was formed after—

(i) the deceased last ceased to be employed as a person to whom these Regulations apply; or

(ii) the date on which his or her earning ability was permanently reduced as a result of the injury or disease,

whichever is the later;

(b) if at the date of the deceased’s death such widow, widower or surviving civil partner and a man or, as the case may be, a woman to whom she or he is not married or with whom she or he is not in a civil partnership are living together as husband and wife or as civil partners; or

(c) in respect of any period after such widow, widower or surviving civil partner—

(i) remarries or forms a civil partnership; or

(ii) during which she or he lives together with another person as if she or he were married to or in a civil partnership with that other person,

so, however, that where such marriage or civil partnership has terminated, the Secretary of State may restore an allowance to a widow, widower or surviving civil partner if she is satisfied that such widow, widower or surviving civil partner is suffering hardship.

(3A) This paragraph applies where—

(a) the deceased referred to in paragraph (3) died before 5th December 2005, and

(b) his widow, or as the case may be, her widower forms a civil partnership or lives with another person of the same sex as if they were civil partners.”.

(3) In regulation 8 (child’s allowance)—

(a) in paragraph (2)(b) after “marriage”, insert “or civil partnership”; and

(b) in paragraph (2)(c) after “spouse”, insert “or civil partner”.

(4) In regulation 9 (dependent relative’s allowance)—

(a) in paragraph (1)(a) after “spouse's”, insert “or civil partner's”;

(b) in paragraph (2)—

(i) for “widow or widower”, substitute “widow, widower or surviving civil partner”; and

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

(c) in paragraph (4) after sub-paragraph (a) insert—

“(aa) if he or she subsequently forms a civil partnership or lives together with another person as if they were civil partners of each other; or”; and

(d) after paragraph (4) insert—

“(4A) Paragraph (4)(aa) shall not apply where the member dies before 5th December 2005.”.

(5) In paragraph (1) of regulation 11 (lump sum payment on death)—

(a) in sub-paragraph (a) for “widow or widower”, substitute “widow, widower or surviving civil partner”; and

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

(6) In paragraph (3) of regulation 12 (incidental provisions) for “the widow’s or the widower’s pension”, substitute “the widow's, the widower’s or the surviving civil partner’s pension”.

(7) In regulation 22 (determination of questions) after “or widower”, insert “or surviving civil partner”.

(1)

S.I. 1995/866; the amending instruments are S.I. 1997/646, 1998/667 and 2217, 2000/606, 2002/2469, 2003/631, 2004/696, 865 and 1016, and 2005/661.