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

Explanatory Note

(This note is not part of the Order)

This Order makes amendments to provisions of subordinate legislation, and contains a transitional provision relating to housing benefit and a transitory provision for child support in relation to cases for which the provisions of the Child Support, Pensions and Social Security Act (Northern Ireland 2000 are not yet in operation. The amendments are consequential upon the Civil Partnership Act 2004 (“the Act”). The Act enables same-sex couples to form a civil partnership by registering as civil partners of each other. Certain overseas relationships registered abroad may be treated as the formation of a civil partnership.

The Order provides that, in matters relating to pension sharing on divorce, occupational and personal pension schemes, social security, and child support, civil partners will be afforded the same rights and responsibilities as spouses. The Order also provides that, in certain cases, same sex couples living together as if they were civil partners (but who have not formed a civil partnership) are to be treated in the same way as unmarried couples who are living together as if they were husband and wife.

In a substantial number of cases the amendments to social security subordinate legislation insert a new definition of “couple” to provide for four different categories of couple: married couples who are members of the same household; unmarried couples who are living together as husband and wife; same-sex couples who have formed a civil partnership and are members of the same household; and same-sex couples who are living together as if they were civil partners, and amend the definition of “partner” to mean the other member of a couple so defined. The amendments also provide for inclusion of surviving civil partners where there is a reference to widows or widowers, and extend the definition of “war widower’s pension” to include war pensions paid to surviving civil partners.

Article 1 provides for the citation and commencement of the Order. Article 2 introduces the amendments being made in Schedules 1 to 5.

Article 3 makes transitional provision for a claimant who is a member of a couple who live together as if they were civil partners on or after 5th December 2005 and is in receipt of an award of housing benefit.

Schedule 1 makes consequential amendments to subordinate legislation relating to pension sharing on divorce. The Regulations amended are:

• The Pensions on Divorce etc. (Provision of Information) Regulations (Northern Ireland) 2000

• The Pensions on Divorce etc. (Charging) Regulations (Northern Ireland) 2000

• The Pension Sharing (Valuation) Regulations (Northern Ireland) 2000

• The Pension Sharing (Implementation and Discharge of Liability) Regulations (Northern Ireland) 2000

• The Pension Sharing (Pension Credit Benefit) Regulations (Northern Ireland) 2000

• The Pension Sharing (Safeguarded Rights) Regulations (Northern Ireland) 2000

• The Sharing of State Scheme Rights (Provision of Information and Valuation) Regulations (Northern Ireland) 2000

Schedule 2 makes consequential amendments to subordinate legislation relating to occupational and personal pension schemes. The Regulations amended are:

• The Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 1987

• The Occupational Pension Schemes (Preservation of Benefit) Regulations (Northern Ireland) 1991

• The Occupational Pension Schemes (Revaluation) Regulations (Northern Ireland) 1991

• The Occupational Pension Schemes (Internal Dispute Resolution Procedures) Regulations (Northern Ireland) 1996

• The Occupational Pension Schemes (Modification of Schemes) Regulations (Northern Ireland) 1997

• The Occupational Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 1997

• The Occupational Pension Schemes (Assignment, Forfeiture, Bankruptcy etc.) Regulations (Northern Ireland) 1997

• The Stakeholder Pension Schemes Regulations (Northern Ireland) 2000

• The Occupational and Personal Pension Schemes (Bankruptcy) Regulations (Northern Ireland) 2002

Schedule 3 makes consequential amendments to subordinate legislation relating to social security. The subordinate legislation amended is:

• The Social Security (Benefit) (Married Women and Widows Special Provisions) (Northern Ireland) Regulations 1975

• The Social Security (Employed Earners' Employments for Industrial Injuries Purposes) Regulations (Northern Ireland) 1975

• The Social Security (Hospital In-Patients) Regulations (Northern Ireland) 1975

• The Social Security (Credits) Regulations (Northern Ireland) 1975

• The Social Security (Invalid Care Allowance) Regulations (Northern Ireland) 1976

• The Social Security Benefit (Dependency) Regulations (Northern Ireland) 1977

• The Social Security Benefit (Persons Residing Together) Regulations (Northern Ireland) 1977

• The Social Security Benefit (Persons Abroad) Regulations (Northern Ireland) 1978

• The Social Security (Overlapping Benefits) Regulations (Northern Ireland) 1979

• The Social Security (Widow’s Benefit and Retirement Pensions) Regulations (Northern Ireland) 1979

• The Social Security (Widow’s Benefit, Retirement Pensions and Other Benefits) (Transitional) Regulations (Northern Ireland) 1979

• The Income Support (General) Regulations (Northern Ireland) 1987

• The Housing Benefit (General) Regulations (Northern Ireland) 1987 and those Regulations as modified for persons who have attained the qualifying age for state pension credit by the Housing Benefit (State Pension Credit) Regulations (Northern Ireland) 2003

• The Social Security (Claims and Payments) Regulations (Northern Ireland) 1987

• The Housing Benefit (Supply of Information) Regulations (Northern Ireland) 1988

• The Social Security (Payments on account, Overpayments and Recovery) Regulations (Northern Ireland) 1988

• The Social Security (Attendance Allowance) Regulations (Northern Ireland) 1992

• The Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992

• The Social Security (Incapacity Benefit) Regulations (Northern Ireland) 1994

• The Social Security (Incapacity Benefit - Increases for Dependants) Regulations (Northern Ireland) 1994

• The Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995

• The Jobseeker’s Allowance Regulations (Northern Ireland) 1996

• The Social Security Benefits (Maintenance Payments and Consequential Amendments) Regulations (Northern Ireland) 1996

• The Social Security (Child Maintenance Bonus) Regulations (Northern Ireland) 1996

• The Social Fund Winter Fuel Payment Regulations (Northern Ireland) 2000

• The Social Security (Claims and Information) Regulations (Northern Ireland) 2001

• The Social Security (Loss of Benefit) Regulations (Northern Ireland) 2002

• The Tax Credit (Appeals) Regulations (Northern Ireland) 2002

• The State Pension Credit Regulations (Northern Ireland) 2003

• The Social Security (Work-focused Interviews for Partners) Regulations (Northern Ireland) 2003

Schedule 4 makes consequential amendments to subordinate legislation relating to child support. The Regulations amended are:

• The Child Support (Information, Evidence and Disclosure) Regulations (Northern Ireland) 1992

• The Child Support (Maintenance Assessments and Special Cases) Regulations (Northern Ireland) 1992

• The Child Support (Collection and Enforcement) Regulations (Northern Ireland) 1992

• The Child Support (Collection and Enforcement of Other Forms of Maintenance) Regulations (Northern Ireland) 1992

• The Child Support (Maintenance Arrangements and Jurisdiction) Regulations (Northern Ireland) 1992

• The Child Support Departure Direction and Consequential Amendments Regulations (Northern Ireland) 1996

• The Child Support (Maintenance Calculations and Special Cases) Regulations (Northern Ireland) 2001

• The Child Support (Variations) Regulations (Northern Ireland) 2001

Schedule 5 makes transitory provision in relation to those child support cases for which the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (“the 2000 Act”) has not been commenced (“an old scheme case”) until such time as that Act is commenced for those cases in so far as it is not already in operation. It provides that specified paragraphs in Schedules 15 and 16 to the Act relating to financial relief in the High Court and a county court in the case of Schedule 15 and in a court of summary jurisdiction in the case of Schedule 16 shall apply to an old scheme case as if the prescribed substitutions and insertions were made.