Civil Partnership Act 2004

44 (1) Amend paragraph 3 of Schedule 3 (agricultural worker condition where dwelling occupied by surviving spouse or family member of previous qualifying occupier) as follows. E+W

(2) In sub-paragraphs (1)(c)(i), (3)(a) and (6), for “widow or widower” substitute “ surviving partner ”.

(3) For sub-paragraph (2) substitute—

“(2) For the purposes of sub-paragraph (1)(c)(i) above and sub-paragraph (3) below—

(a) “surviving partner” means widow, widower or surviving civil partner; and

(b) a surviving partner of the previous qualifying occupier of the dwelling-house is a qualifying surviving partner if that surviving partner was residing in the dwelling-house immediately before the previous qualifying occupier’s death.”

(4) For sub-paragraph (5) (person living as wife or husband with previous occupier) substitute—

“(5) For the purposes of sub-paragraph (2)(a) above—

(a) a person who, immediately before the previous qualifying occupier’s death, was living with the previous occupier as his or her wife or husband shall be treated as the widow or widower of the previous occupier, and

(b) a person who, immediately before the previous qualifying occupier’s death, was living with the previous occupier as if they were civil partners shall be treated as the surviving civil partner of the previous occupier.”