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

Social Security Benefit (Dependency) Regulations 1977

7.—(1) Amend the Social Security Benefit (Dependency) Regulations 1977 M1 as follows.

(2) In regulation 3 (allocation of contributions for spouse) M2 —

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

(b) in paragraph (1) M3 after “spouse” (in each place) insert “ or civil partner ”;

(c) in paragraph (2) M4 after “spouse” (in each place) insert “ or civil partner ”.

(3) In regulation 4A (circumstances in which a person who is not entitled to child benefit is to be treated as if he were so entitled) M5 —

(a) in paragraph (1)(b) M6 after “spouse” insert “ or civil partner ”;

(b) in paragraph (4) M7 after “spouse” insert “ or civil partner ”.

(4) In regulation 5 (contribution towards the cost of providing for child), in paragraph (5) M8 —

(a) after “neither the beneficiary nor his spouse” insert “ or, as the case may be, his civil partner ”;

(b) after “if he has a spouse” and “and his spouse” insert “ or civil partner ”.

(5) In regulation 8 (earnings rules for increases for adult dependants) M9 —

(a) in paragraph (1)—

(i) at the end of sub-paragraph (a), insert “ or ”;

(ii) omit “or” at the end of sub-paragraph (b);

(iii) omit sub-paragraph (c);

(b) after paragraph (1) insert—

“(1A) This paragraph applies in cases where an increase of benefit is claimed in respect of a spouse or a civil partner who, in either case, is residing with the beneficiary and the increase is claimed under paragraph 6(1)(a)(i) of Schedule 7 to the Contributions and Benefits Act (increase of disablement pension in respect of a spouse or civil partner where beneficiary entitled to unemployability supplement).”;

(c) in paragraph (2)—

(i) after “paragraph (1)” insert “ or (1A) ”;

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

(d) in paragraph (6) after “spouse” (in each place) insert “ or civil partner ”.

(6) In regulation 11 (contribution to maintenance of adult dependant), after paragraph (1) M10 insert—

“(1A) Subject to paragraphs (2) and (3), for the purposes of section 82 of, and paragraph 6(1)(a)(i) of Schedule 7 to, the Contributions and Benefits Act (increase of maternity allowance and increase of disablement pension where beneficiary entitled to unemployability supplement) a beneficiary shall not be deemed to satisfy the requirement contained in those provisions (that he is contributing to the maintenance of his civil partner at a weekly rate of not less than the standard rate of increase) unless when in employment, or not incapable of work, or not entitled to a Category A or a Category B retirement pension, as the case may be (except in a case where the dependency did not arise until later), he contributed to his civil partner's maintenance at a weekly rate not less than the standard rate of increase.”.

(7) In Schedule 2 (prescribed circumstances for increase of a carer's allowance) M11 —

(a) in paragraph 2A M12 —

(i) for sub-paragraph (a) substitute the following sub-paragraph—

“(a) a beneficiary is a member of a couple; and”;

(ii) in sub-paragraph (b) for “person” substitute “ member of the couple ”;

(b) in paragraph 2C M13 —

(i) omit the definition of “unmarried couple”;

(ii) before the definition of “week” 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;;”;

(c) in paragraph (4)(a)(ii) after “spouses” insert “ or civil partners ”;

(d) in paragraph (7)(a) M14 after “a spouse” insert “ or civil partner ”.

Marginal Citations

M1 S.I. 1977/343.

M2 The heading to regulation 3 was amended by S.I. 1983/1001 and S.I. 2003/937.

M3 Paragraph (1) was amended by S.I. 1983/1001, S.I. 1984/1699, S.I. 1985/1305, S.I. 1994/2945, S.I. 1996/1345 and S.I. 2003/937.

M4 Paragraph (2) was amended by S.I. 1983/1001.

M5 Regulation 4A was inserted by S.I. 1980/585.

M6 Paragraph (1) was amended by S.I. 1989/523 and S.I. 2003/937.

M7 Paragraph (4) was amended by S.I. 1984/1698.

M8 Paragraph (5) was inserted by S.I. 1977/620.

M9 Regulation 8 was substituted by S.I. 1992/3041.

M10 Paragraph (1) was amended by S.I. 1983/1001, S.I. 1984/1698, S.I. 1989/1642, S.I. 1994/2945 and S.I. 1996/1345.

M11 The title of Schedule 2 was amended by S.I. 2002/2497.

M12 Paragraph 2A was inserted by S.I. 1984/1699.

M13 Paragraph 2C was inserted by S.I. 1984/1699 and amended by S.I. 1996/2745.

M14 Sub-paragraph (a) was substituted retrospectively by section 37(2) of the Social Security Act 1986 (c. 50) from 22nd December 1984 and substituted by S.I. 1988/554. Paragraph 7 was amended by S.I. 2002/2497.