Civil Partnership Act 2004

75 (1) Amend section 39B (bereavement allowance where no dependent children) as follows. E+W

(2) After “spouse” (in each place other than subsection (4)), insert “ or civil partner ”.

(3) After “spouse's” (in each place) insert “ or civil partner's ”.

(4) In subsection (4), after “remarries” insert “ or forms a civil partnership ”.

(5) After subsection (4) insert—

“(4A) The surviving civil partner shall not be entitled to the allowance for any period after she or he forms a subsequent civil partnership or marries, but, subject to that, the surviving civil partner shall continue to be entitled to it until—

(a) she or he attains pensionable age, or

(b) the period of 52 weeks mentioned in subsection (3) above expires,

whichever happens first.”

(6) After subsection (5)(b) insert “or

(c) for any period during which the surviving spouse or civil partner and a person of the same sex who is not his or her civil partner are living together as if they were civil partners.”