SCHEDULE 6CONSEQUENTIAL MODIFICATIONS TO SECONDARY LEGISLATION

Article 31

Merchant Shipping (Maintenance of Seaman’s Dependants) Regulations 19721

In the Merchant Shipping (Maintenance of Seamen’s Dependants) Regulations 1972143, in regulation 4(a) (expenses in respect of which a retention notice may be served), after “spouse” insert “, civil partner”.

Social Security Benefit (Dependency) Regulations 19772

In paragraph 2C of Schedule 2 to the Social Security Benefit (Dependency) Regulations 1977144 (interpretation), for the definition of “couple” substitute—

  • “couple” means—

    1. a

      two people who are married to, or civil partners of, each other and are members of the same household; or

    2. b

      two people who are not married to, or civil partners of, each other but are living together as a married couple;

Social Security (Graduated Retirement Benefit) (No. 2) Regulations 19783

In regulation 3(2) of the Social Security (Graduated Retirement Benefit) (No. 2) Regulations 1978145 (continuation in force of sections 36, 37 and 118(1) of the 1965 Act)—

a

omit the “and” at the end of sub-paragraph (c); and

b

after sub-paragraph (d) insert—

and

e

to extend section 37 of the 1965 Act to men and their late husbands, and women and their late wives.

Merchant Shipping (Returns of Births and Deaths) Regulations 19794

In regulation 11 of the Merchant Shipping (Returns of Births and Deaths) Regulations 1979146 (rules for ascertaining appropriate Registrar General)—

a

in paragraph (2)(a), for the words from “(which” to “partnership)” substitute “(which relates to treatment provided to a woman who at the time of treatment is married to another woman, or in certain circumstances is a party to a void marriage with another woman, or party to a civil partnership or in certain circumstances a void civil partnership)”; and

b

for paragraph (2)(b) substitute—

b

section 43 of that Act (which relates to treatment provided to a woman where she agrees a second woman is to be the parent of the child) where the woman—

i

is married to, or the civil partner of, the child’s mother at the time of the child’s birth; or

ii

was married to, or the civil partner of, the child’s mother at any time during the period beginning with the time mentioned in section 43(b) of that Act and ending with the child’s birth.

Income Support (General) Regulations 19875

In regulation 2(1) of the Income Support (General) Regulations 1987147 (interpretation), for the definition of “couple” substitute—

  • “couple” means—

    1. a

      two people who are married to, or civil partners of, each other and are members of the same household; or

    2. b

      two people who are not married to, or civil partners of, each other but are living together as a married couple;

Social Security (Claims and Payments) Regulations 19876

In regulation 2(1) of the Social Security (Claims and Payments) Regulations 1987148 (interpretation), for the definition of “couple” substitute—

  • “couple” means—

    1. a

      two people who are married to, or civil partners of, each other and are members of the same household; or

    2. b

      two people who are not married to, or civil partners of, each other but are living together as a married couple;

Judicial Pensions (Preservation of Benefits) Order 19887

In article 9 of the Judicial Pensions (Preservation of Benefits) Order 1988149 (inalienability), for “widow” substitute “surviving spouse, surviving civil partner”.

Judicial Pensions (Requisite Benefits) Order 19888

1

The Judicial Pensions (Requisite Benefits) Order 1988150 is amended as follows.

2

In article 4 (office-holders to whom Order applies), for “his widow” substitute “that person’s surviving spouse or surviving civil partner”.

3

In article 7 (widow’s benefits)—

a

in the heading, for “Widow’s” substitute “Surviving spouse’s or surviving civil partner’s”;

b

in paragraph (1), for “his widow” substitute “that person’s surviving spouse or surviving civil partner”; and

c

in paragraph (2), for “widow’s” substitute “surviving spouse’s or surviving civil partner’s”.

4

In article 9 (widow’s guaranteed minimum pension)—

a

for the heading, substitute “Guaranteed minimum pension for surviving spouse or surviving civil partner”;

b

in paragraph (1)—

i

for “his widow” substitute “that person’s surviving spouse or surviving civil partner”; and

ii

for “her” substitute “that person’s”, and

c

in paragraph (3), for “widow’s” substitute “surviving spouse’s or surviving civil partner’s”.

5

Omit article 10 (widower’s or surviving civil partner’s guaranteed pension).

6

In article 11(3) (ascertainment of salary for requisite benefits), for “widow’s” substitute “surviving spouse’s or surviving civil partner’s”.

7

In article 12 (contribution in event of marriage during retirement)—

a

for paragraph (1) substitute—

1

Where on the date when an office-holder (“O”) ceases to hold office, O is neither married, nor in a civil partnership, O may be required to undertake, in return for payment to O of a lump sum under or by virtue of whichever of the enactments mentioned in paragraph (2) below is applicable to O, that the first time O—

a

marries (and where O has not previously entered into a civil partnership); or

b

enters into a civil partnership (and where O has not previously married),

O will pay a contribution in respect of the benefits that may become payable to O’s surviving spouse or surviving civil partner by virtue of articles 7 and 9.

b

for paragraph (3) substitute—

3

The contribution referred to in paragraph (1) above shall be equal to 1 7/8 per cent of O’s final salary multiplied by the number of whole years of relevant service of O’s prior to the Principal Appointed Day which were—

a

completed by O before O attained pensionable age; and

b

not years—

i

during any part of which O was married or in a civil partnership; or

ii

preceding a marriage of O’s contracted, or a civil partnership of O’s entered into, before O ceased to hold office.

8

For article 13 (marriage shortly before death), substitute—

Marriage or entry into a civil partnership shortly before death13

Where an office-holder (“O”) marries or enters into a civil partnership after O has ceased to hold office, and not more than six months before O’s death, any pension paid to O’s surviving spouse or surviving civil partner by virtue of this Order shall be limited to the guaranteed minimum pension due to that person.

Child Support (Maintenance Assessments and Special Cases) Regulations 19929

In regulation 1(2) of the Child Support (Maintenance Assessments and Special Cases) Regulations 1992151 (interpretation), for the definition of “couple” substitute—

  • “couple” means—

    1. a

      two people who are married to, or civil partners of, each other and are members of the same household; or

    2. b

      two people who are not married to, or civil partners of, each other but are living together as a married couple;

Child Support (Collection and Enforcement) Regulations 199210

In regulation 3(9) of the Child Support (Collection and Enforcement) Regulations 1992152 (methods of payment), for the definition of “couple” substitute—

  • “couple” means—

    1. a

      two people who are married to, or civil partners of, each other and are members of the same household; or

    2. b

      two people who are not married to, or civil partners of, each other but are living together as a married couple;

Jobseeker’s Allowance Regulations 199611

In regulation 1(3) of the Jobseeker’s Allowance Regulations 1996153 (interpretation), for the definition of “couple” substitute—

  • “couple” means—

    1. a

      two people who are married to, or civil partners of, each other and are members of the same household; or

    2. b

      two people who are not married to, or civil partners of, each other but are living together as a married couple;

Occupational Pension Schemes (Contracting-out) Regulations 199612

1

The Occupational Pension Schemes (Contracting-out) Regulations 1996154 are amended as follows.

2

In regulation 1 (citation, commencement and interpretation), omit paragraph (1A)155.

3

In regulation 26156 (reference scheme: circumstances in which widows’, widowers’ or surviving civil partners’ pensions need not be payable)—

a

in paragraph (1)(b), after paragraph (ii) insert “or” and for paragraphs (iii) and (iv) substitute—

iii

lives together as a married couple with another person whom he or she is not married to or in a civil partnership with,

b

in paragraph (1)(c), for paragraphs (i) and (ii) substitute “living together as a married couple with another person whom he or she is not married to or in a civil partnership with.”; and

c

for paragraph (2) substitute—

2

The following provisions do not apply where the scheme member died before 5th December 2005—

a

paragraph (1)(b)(i) so far as it relates to a marriage or remarriage involving two people of the same sex;

b

paragraph (1)(b)(ii); and

c

paragraph (1)(b)(iii) and (1)(c) so far as they relate to the living together of two people of the same sex.

4

In regulation 57157 (circumstances in which widower’s or surviving civil partner’s guaranteed minimum pension is to be payable)—

a

in the heading—

i

after “Circumstances” insert “for the purposes of section 17(6) of the 1993 Act”; and

ii

after “widower’s” insert “, widow’s”,

b

in the opening words, after “widower’s” insert “, widow’s”; and

c

in paragraphs (a), (b) and (c), after “widower” in each place it occurs, insert “, widow”.

5

In regulation 58158 (period for which widower’s or surviving civil partner’s guaranteed minimum pension is to be payable)—

a

in the heading—

i

after “Period” insert “for the purposes of section 17(6) of the 1993 Act”; and

ii

after “widower’s” insert “, widow’s”,

b

in paragraph (1)(a) and (c), after “widower’s” insert “, widow’s”;

c

in paragraph (2)(a), after “widower’s” insert “or widow’s”;

d

in paragraph (2)(b), after “widower” insert “or widow”;

e

in paragraph (2)(c)—

i

after “widower” insert “, widow”; and

ii

for paragraphs (i) and (ii) substitute “he or she and another person are living together as a married couple;”,

f

in paragraph (2)(d)—

i

after “widower” insert “or widow”;

ii

for “he attained” substitute “he or she attained”; and

iii

for paragraphs (i) and (ii) substitute “he or she and another person whom he or she was not married to, or in a civil partnership with, were living together as a married couple; or”,

g

in paragraph (2)(e), for paragraphs (i) and (ii) substitute “he or she and another person whom he or she was not married to, or in a civil partnership with, were living together as a married couple.”; and

h

for paragraph (3) substitute—

3

The following provisions do not apply where a man became a widower before 5th December 2005—

a

paragraph (2)(a) so far as it relates to a marriage or remarriage involving two people of the same sex;

b

paragraph (2)(b); and

c

paragraphs (2)(c) and (2)(d) so far as they relate to the living together of two people of the same sex.

6

In regulation 59159 (statutory references to persons entitled to guaranteed minimum pensions: application to widowers and surviving civil partners)—

a

in the heading, for “widowers” substitute “widowers, widows of female earners”; and

b

for the words from “so entitled” to the end substitute—

so entitled—

a

by virtue of being a widower of an earner only in the case where the earner and the widower were both over pensionable age when the earner died;

b

by virtue of being a widow of a female earner only in the case where the earner and the widow were both over pensionable age when the earner died; or

c

by virtue of being the surviving civil partner of an earner only in the case where the earner and the surviving civil partner were both over pensionable age when the earner died.

7

In regulation 69B160 (conversion of guaranteed minimum pensions into other benefits: survivors’ benefits)—

a

in paragraph (2)(b)(ii), for “such a widower” substitute “in a case where section 17(6) of the 1993 Act applies, such a widower’s, widow’s”;

b

in paragraph (3)(b)(i), for sub-paragraphs (aa) and (bb) (but not the “nor” following sub-paragraph (bb)) substitute “another person are living together as a married couple,”; and

c

for paragraph (4) substitute—

4

The following provisions do not apply where the earner died before 5th December 2005—

a

paragraph (3)(b)(i) so far as it relates to the living together of two people of the same sex;

b

paragraph (3)(b)(ii)(aa) so far as it relates to a marriage involving two people of the same sex; and

c

paragraph (3)(b)(ii)(bb).

Contracting-out (Transfer and Transfer Payment) Regulations 199613

1

Schedule 2 to the Contracting-out (Transfer and Transfer Payment) Regulations 1996161 (modifications of Part 3 of the 1993 Act) is amended as follows.

2

In paragraph 1, in the substituted definition of “guaranteed minimum pension” for “or widower’s” substitute “, widower’s or surviving same sex spouse’s”.

3

In paragraph 6, in the substituted definition of “guaranteed minimum pension” for “or widower’s” substitute “, widower’s or surviving same sex spouse’s”.

Social Security Benefit (Computation of Earnings) Regulations 199614

In regulation 2(1) of the Social Security Benefit (Computation of Earnings) Regulations 1996162 (interpretation), for the definition of “couple” substitute—

  • “couple” means—

    1. a

      two people who are married to, or civil partners of, each other and are members of the same household; or

    2. b

      two people who are not married to, or civil partners of, each other but are living together as a married couple;

Social Security (Child Maintenance Bonus) Regulations 199615

In regulation 1(2) of the Social Security (Child Maintenance Bonus) Regulations 1996163 (interpretation), for the definition of “couple” substitute—

  • “couple” means—

    1. a

      two people who are married to, or civil partners of, each other and are members of the same household; or

    2. b

      two people who are not married to, or civil partners of, each other but are living together as a married couple;

Occupational Pension Schemes (Discharge of Liability) Regulations 199716

1

The Occupational Pension Schemes (Discharge of Liability) Regulations 1997164 are amended as follows.

2

In regulation 1 (citation, commencement and interpretation), omit paragraph (1A).

3

In regulation 11 (conditions on which liability to provide pensions under a relevant scheme may be discharged)—

a

in paragraph (4)(b)—

i

for paragraphs (iii) and (iv) substitute—

iii

lives together as a married couple with another person whom he or she is not married to or in a civil partnership with; or

ii

in paragraph (v), for sub-paragraphs (a) and (b) substitute “is living together as a married couple with another person whom he or she is not married to or in a civil partnership with.”, and

b

for paragraph (7) substitute—

7

The following provisions do not apply where the beneficiary died before 5th December 2005—

a

paragraph (4)(b)(i) so far as it relates to a marriage or remarriage involving two people of the same sex;

b

paragraph (4)(b)(ii); and

c

paragraphs (iii) and (v) of paragraph (4)(b) so far as they relate to the living together of two people of the same sex.

Working Time Regulations 199817

In Schedule 3 (enforcement) to the Working Time Regulations 1998165, in paragraph 2(3), for “husband or wife” substitute “spouse or civil partner”.

Social Security and Child Support (Decisions and Appeals) Regulations 199918

In regulation 1(3) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999166 (interpretation), for the definition of “couple” substitute—

  • “couple” means—

    1. a

      two people who are married to, or civil partners of, each other and are members of the same household; or

    2. b

      two people who are not married to, or civil partners of, each other but are living together as a married couple;

Social Fund Winter Fuel Payment Regulations 200019

In regulation 1(2) of the Social Fund Winter Fuel Payment Regulations 2000167 (interpretation), for the definition of “couple” substitute—

  • “couple” means—

    1. a

      two people who are married to, or civil partners of, each other and are members of the same household; or

    2. b

      two people who are not married to, or civil partners of, each other but are living together as a married couple;

Child Support (Maintenance Calculations and Special Cases) Regulations 200120

In regulation 1(2) of the Child Support (Maintenance Calculations and Special Cases) Regulations 2000168 (interpretation), for the definition of “couple” substitute—

  • “couple” means—

    1. a

      two people who are married to, or civil partners of, each other and are members of the same household; or

    2. b

      two people who are not married to, or civil partners of, each other but are living together as a married couple;

Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 200121

In regulation 1(2) of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001169 (interpretation), for the definition of “couple” substitute—

  • “couple” means—

    1. a

      two people who are married to, or civil partners of, each other and are members of the same household; or

    2. b

      two people who are not married to, or civil partners of, each other but are living together as a married couple;

Open-Ended Investment Companies Regulations 200122

In regulation 13 of the Open-Ended Investment Companies Regulations 2001170 (particulars of directors), for paragraph (4)(b)(iii) substitute—

iii

in the case of a married person, the name by which that person was known previous to the marriage; and

State Pension Credit Regulations 200223

In regulation 1(2) of the State Pension Credit Regulations 2002171 (interpretation), for the definition of “couple” substitute—

  • “couple” means—

    1. a

      two people who are married to, or civil partners of, each other and are members of the same household; or

    2. b

      two people who are not married to, or civil partners of, each other but are living together as a married couple;

Pension Protection Fund (Compensation) Regulations 200524

In regulation 1(2) of the Pension Protection Fund (Compensation) Regulations 2005172 (interpretation), for the definition of “relevant partner” substitute—

  • “relevant partner” means a person who was not married to, or in a civil partnership with, the member but who was living with the member as if that person and the member were a married couple;

Financial Assistance Scheme Regulations 200525

In regulation 2(1) of the Financial Assistance Scheme Regulations 2005173 (interpretation), for the definition of “partner” substitute—

  • “partner” means a person who was not married to, or in a civil partnership with, the qualifying member but who was living with that member as if that person and the qualifying member were a married couple;

Social Fund Maternity and Funeral Expenses (General) Regulations 200526

In regulation 3(1) of the Social Fund Maternity and Funeral Expenses (General) Regulations 2005174 (interpretation), for the definition of “couple” substitute—

  • “couple” means—

    1. a

      two people who are married to, or civil partners of, each other and are members of the same household; or

    2. b

      two people who are not married to, or civil partners of, each other but are living together as a married couple;

Housing Benefit Regulations 200627

In regulation 2(1) of the Housing Benefit Regulations 2006175 (interpretation), for the definition of “couple” substitute—

  • “couple” means—

    1. a

      two people who are married to, or civil partners of, each other and are members of the same household; or

    2. b

      two people who are not married to, or civil partners of, each other but are living together as a married couple;

Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 200628

In regulation 2(1) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006176 (interpretation), for the definition of “couple” substitute—

  • “couple” means—

    1. a

      two people who are married to, or civil partners of, each other and are members of the same household; or

    2. b

      two people who are not married to, or civil partners of, each other but are living together as a married couple;

Pension Protection Fund (General and Miscellaneous Amendments) Regulations 200629

In regulation 1(2) of the Pension Protection Fund (General and Miscellaneous Amendments) Regulations 2006177 (interpretation), for the definition of “relevant partner” substitute—

  • “relevant partner” means a person who is not married to, or in a civil partnership with, the member but who is living with the member as if that person and the member were a married couple;

Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 200630

In Part 2 of Schedule 6 to the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 2006178 (interpretation)—

a

in paragraph (a) of the definition of “dependant living as a spouse”—

i

omit “of the opposite sex”; and

ii

after “who is not married to,” insert “or in a civil partnership with,”, and

b

in the definition of “dependant living as a civil partner”, after “who has not” insert “married or”.

Occupational Pension Schemes (Modification of Schemes) Regulations 200631

1

The Occupational Pension Schemes (Modification of Schemes) Regulations 2006179 are amended as follows.

2

In regulation 3 (non-application of the subsisting rights provisions)—

a

omit “or” after paragraph (h);

b

at the end of paragraph (i) insert “or”; and

c

after paragraph (i) insert—

j

which provides in relation to all or part of a member’s subsisting rights that after the member’s death—

i

a surviving same sex spouse is treated in the same way as a woman whose deceased spouse was a man, or a man whose deceased spouse was a woman; and

ii

the rights of any other survivor of the member are determined as if the surviving same sex spouse were a woman whose deceased spouse was a man, or a man whose deceased spouse was a woman.

3

After regulation 7 insert—

Modification of schemes: surviving same sex spouses7ZA

1

Subject to paragraph (2), the trustees of a trust scheme may by resolution modify the scheme in relation to all or part of a member’s subsisting rights so that after the member’s death—

a

a surviving same sex spouse is treated in the same way as a woman whose deceased spouse was a man, or a man whose deceased spouse was a woman; and

b

the rights of any other survivor are determined as if the surviving same sex spouse were a woman whose deceased spouse was a man, or a man whose deceased spouse was a woman.

2

A modification under paragraph (1) which confers rights on surviving same sex spouses which are in excess of what is required to comply with the relevant requirements of the Marriage (Same Sex Couples) Act 2013 and the Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership 2004 (Consequential Provisions and Modifications) Order 2014 shall not be made unless—

a

the employer in relation to the scheme consents; or

b

in the case of a scheme where there is more than one employer—

i

a person nominated by the employers, or otherwise in accordance with the scheme rules, to act as the employers’ representative (the “nominee”) consents; or

ii

where there is no such nominee, all of the employers in relation to the scheme consent other than any employer who has waived his right to give such consent.

Employment and Support Allowance Regulations 200832

In regulation 2(1) of the Employment and Support Allowance Regulations 2008180 (interpretation), for the definition of “couple” substitute—

  • “couple” means—

    1. a

      two people who are married to, or civil partners of, each other and are members of the same household; or

    2. b

      two people who are not married to, or civil partners of, each other but are living together as a married couple;

Reserve Forces Non Regular Permanent Staff (Pension and Attributable Benefits Schemes) Regulations 201133

In Schedule 1 to the Reserve Forces Non Regular Permanent Staff (Pension and Attributable Benefits Schemes) Regulations 2011181 (non regular permanent staff pension scheme), in paragraph D.8 (suspension and restoration of pensions), for paragraph (4) substitute—

4

This paragraph applies while the surviving spouse or civil partner and another person are living together as if they were married.

Employment and Support Allowance Regulations 201334

In regulation 2 of the Employment and Support Allowance Regulations 2013182 (interpretation), for the definition of “couple” substitute—

  • “couple” means—

    1. a

      two people who are married to, or civil partners of, each other and are members of the same household; or

    2. b

      two people who are not married to, or civil partners of, each other but are living together as a married couple;

Pensions Increase (Review) Orders 1991 to 2009 and 2011 to 201335

In each of—

a

the Pensions Increase (Review) Order 1991183;

b

the Pensions Increase (Review) Order 1992184;

c

the Pensions Increase (Review) Order 1993185;

d

the Pensions Increase (Review) Order 1994186;

e

the Pensions Increase (Review) Order 1995187;

f

the Pensions Increase (Review) Order 1996188;

g

the Pensions Increase (Review) Order 1997189;

h

the Pensions Increase (Review) Order 1998190;

i

the Pensions Increase (Review) Order 1999191;

j

the Pensions Increase (Review) Order 2000192;

k

the Pensions Increase (Review) Order 2001193;

l

the Pensions Increase (Review) Order 2002194;

m

the Pensions Increase (Review) Order 2003195;

n

the Pensions Increase (Review) Order 2004196;

o

the Pensions Increase (Review) Order 2005197;

p

the Pensions Increase (Review) Order 2006198;

q

the Pensions Increase (Review) Order 2007199;

r

the Pensions Increase (Review) Order 2008200;

s

the Pensions Increase (Review) Order 2009201;

t

the Pensions Increase (Review) Order 2011202;

u

the Pensions Increase (Review) Order 2012203; and

v

the Pensions Increase (Review) Order 2013204,

for article 6 (reductions in respect of guaranteed minimum pensions) substitute—

6

The amount by reference to which any increase in the rate of a surviving spouse’s or surviving civil partner’s pension provided for by this Order is to be calculated shall, where the pensioner becomes entitled on the death of the deceased spouse or deceased civil partner to a guaranteed minimum pension, be reduced in accordance with section 59(5ZA) of the 1975 Act.