The Civil Partnership (Pensions and Benefit Payments) (Consequential, etc. Provisions) Order 2005

Explanatory Note

(This note is not part of the Order)

This Order makes amendments to provisions of Acts relating to pensions and benefit payments, extending those provisions to civil partners and surviving civil partners.

Article 1 provides for citation, commencement and extent, and article 2 introduces the Schedule containing the amendments.

Part 1 of the Schedule contains amendments of the Social Security Contributions and Benefits Act 1992 (c. 4) (“the Contributions and Benefits Act”).

• Paragraphs 1 to 4 extend retirement pension provisions in sections 48C, 54, 55 and 62 of the Contributions and Benefits Act relating to spouses and surviving spouses to civil partners and surviving civil partners.

• Paragraph 5 contains amendments of Schedule 5 to the Contributions and Benefits Act, which has itself been amended by the Social Security (Incapacity for Work) Act 1994, the Pensions Act 1995 and the Pensions Act 2004. The amendments provide for the rights to a pension increase or a lump sum where entitlement to state retirement pension is deferred to apply to civil partners and surviving civil partners.

Part 2 contains amendments of the Social Security Administration Act 1992 (c. 5) (“the Administration Act”).

• Paragraph 6 extends the duty to furnish addresses for maintenance proceedings, etc. in section 133 of the Administration Act to civil partners and former civil partners.

• Paragraphs 7 to 9 extend benefit provisions in sections 134, 150 and 155, of the Administration Act relating to surviving widows or surviving spouses to apply to surviving civil partners.

• Paragraph 10 amends section 159B of the Administration Act to include surviving civil partners within the provisions on the effect of alterations affecting state pension credit.

Part 3 contains amendments to sections 70, 84, 96, 113, 129, 146, 159A, 181 of and paragraph 1 of Schedule 3 to the Pension Schemes Act 1993 (c. 48) to extend provisions in the Act in respect of spouses to civil partners, and in respect of widows or widowers to surviving civil partners.

Part 4 contains amendments to sections 41, 50A, 63, 91, 92 and 124 of the Pensions Act 1995 (c. 26) extending certain provisions to civil partners and surviving civil partners.

Part 5 amends section 52(2) of the Welfare Reform and Pensions Act 1999 (c. 30), extending the provision on the preservation of rights in respect of additional pensions to surviving civil partners.

Part 6 amends the Pensions Act 2004 (c. 35).

• Paragraph 27 amends the definition of “pension earmarking order” in section 24(6) (consequences of freezing order) to include orders made under Part 1 of Schedule 5 to the Civil Partnership Act (financial relief in the High Court or a county court etc.) (England and Wales) and Part 1 of Schedule 15 to that Act (financial relief in the High Court or a county court etc.) (Northern Ireland).

• Paragraph 28 amends a transitional provision in paragraph 26 of Schedule 11 (widowers' entitlement to increase of pension or widowed person’s lump sum) to surviving civil partners.

An assessment of the impact on business, charities or the voluntary sector of the provisions in this Order is included in the Regulatory Impact Assessment that accompanied the Civil Partnership Act 2004. A copy of that assessment has been placed in the libraries of both Houses of Parliament. Copies may be obtained from the DTI website at http://www.dti.gov.uk/access/ria/index.htm#equality.