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

Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme 1983

12.—(1) Amend the Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme 1983 M1 as follows.

(2) In article 5 (increase of allowance in respect of spouse) M2 —

(a) in the heading preceding it, after “spouse” add “ or civil partner ”;

(b) in paragraph (1), after “spouse” insert “ or civil partner ”;

(c) in paragraph (3), after “spouse” (in each place) insert “ or civil partner ”.

(3) In article 9 (death benefit)—

(a) in paragraph (2), after “Workmen's Compensation Act 1925” insert “ and is to be read as including a surviving civil partner of the deceased ”;

(b) in paragraph (4)—

(i) in sub-paragraph (a)—

(aa) in paragraph (ii), after “at her death,” insert “ or ”;

(bb) after paragraph (ii) insert the following paragraph—

“(iii) his or her surviving civil partner who was wholly dependant upon him or her and who was residing with him or her at the time of his or her death,”;

(cc) for “to that widow or, as the case may be, to that widower” substitute “ to that widow, that widower or, as the case may be, that surviving civil partner ”;

(ii) in sub-paragraph (b)—

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

(bb) after paragraph (i) insert the following paragraph—

“(ia) his or her surviving civil partner who was wholly dependant on the deceased at the time of the deceased's death; or”;

(cc) for “between the widow or, as the case may be, the widower and that child or, if there is more than one child, between the widow or widower and those children” substitute “ between the widow, widower or, as the case may be, the surviving civil partner and that child or, if there is more than one child, between the widow, widower or, as the case may be, the surviving civil partner and those children ”;

(c) in sub-paragraph (c)—

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

(ii) for “to that widow or, as the case may be, to that widower” substitute “ to that widow, that widower or, as the case may be, to that surviving civil partner ”;

(d) in sub-paragraph (d), for “widow or widower” substitute “ widow, widower or surviving civil partner ”.

(4) In Schedule 2 (conditions relating to increase of allowance in respect of a spouse) M3 —

(a) in the heading preceding it, after “spouse” add “ or civil partner ”;

(b) in paragraph 1, after “spouse” (in each place) insert “ or civil partner ”;

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

Marginal Citations

M1 S.I. 1983/136.

M2 The heading to article 5 was amended by S.I. 1987/400, and the article amended by S.I. 1983/504 and S.I. 1987/400.

M3 The heading to Schedule 2 and Schedule 2 were amended by S.I. 1987/400.