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

Social Security (Claims and Payments) Regulations 1987

14.—(1) Amend the Social Security (Claims and Payments) Regulations 1987 M1 as follows.

(2) In regulation 2 (interpretation)—

(a) after the definition of “Contributions and Benefits Act” insert the following definition—

““couple” means—

(a) a man and woman who are married to each other and are members of the same household;

(b) a man and woman who are not married to each other but are living together as husband and wife;

(c) two people of the same sex who are civil partners of each other and are members of the same household; or

(d) two people of the same sex who are not civil partners of each other but are living together as if they were civil partners,

and for the purposes of paragraph (d), two people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex;;”;

(b) omit the definitions of “married couple” and “unmarried couple”;

(c) in the definition of “partner”, for “a married or unmarried couple” substitute “ a couple ”.

(3) In regulation 4 (making a claim for benefit), in paragraphs (3) M2 , (3B)(a) M3 , (3C) M4 and (4), for “a married or unmarried couple” substitute “ a couple ”.

(4) In regulation 4D (making a claim for state pension credit) M5 , in paragraphs (7) and (8) for “married or unmarried couple” substitute “ couple ”.

(5) In regulation 6 (date of claim), in paragraph (31) M6 , in sub-paragraphs (a)(ii), (b) and (ii), after “spouse” insert “ or civil partner ”.

(6) In regulation 15 (advance notice of retirement and claim for and award of pension), in paragraph (6) M7 , after “the spouse” (in each place) insert “ or civil partner ”.

(7) In regulation 17 (duration of awards), in paragraph (1A) M8 for “a married or unmarried couple” substitute “ a couple ”.

(8) In regulation 36 (payment to a partner as alternative payee), in paragraph (2)(a) M9 , for “of a married or unmarried” substitute “ member of a ”.

Marginal Citations

M1 S.I. 1987/1968.

M2 Paragraph (3) was amended by S.I. 1996/2431.

M3 Paragraph (3B) was inserted by S.I. 1996/1460 and amended by S.I. 2000/1982.

M4 Paragraph (3C) was inserted by S.I. 1986/2431 and amended by S.I. 2000/636.

M5 Regulation 4D was inserted by S.I. 2002/3019.

M6 Paragraph (31) was inserted by S.I. 2004/2283.

M7 Paragraph (6) was substituted by S.I. 1989/1642.

M8 Paragraph (1A) was substituted by S.I. 1996/1460.

M9 Regulation 36 was renumbered as regulation 36(1) and paragraph (2) was inserted by S.I. 2002/2660.