- Latest available (Revised)
- Point in Time (12/10/2007)
- Original (As enacted)
Version Superseded: 06/04/2018
Point in time view as at 12/10/2007.
Civil Partnership Act 2004,
Part 4
is up to date with all changes known to be in force on or before 04 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
55U.K.In section 2AA (full entitlement to certain benefits conditional on work-focused interview for partner), in subsection (7), for the definition of “couple” substitute—
““couple” has the meaning given by section 137(1) of the Contributions and Benefits Act;”.
56U.K.In section 3 (late claims for bereavement benefit where death is difficult to establish)—
(a)after “spouse” (in each place) insert “ or civil partner ”, and
(b)after “spouse's” (in each place) insert “ or civil partner's ”.
57(1)Amend section 15A (payment out of benefit of sums in respect of mortgage interest etc.) as follows.U.K.
(2)In subsection (4)—
(a)in paragraph (a) of the definition of “partner”, for “to whom the borrower is married” substitute “ who is married to, or a civil partner of, the borrower ”, and
(b)in paragraph (b) of that definition, for “to whom the borrower is not married but who lives together with the borrower as husband and wife” substitute “ who is neither married to, nor a civil partner of, the borrower but who lives together with the borrower as husband and wife or as if they were civil partners ”.
(3)After subsection (4A) insert—
“(4B)For the purposes of this section, 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.”
58(1)Amend section 71 (overpayments – general) as follows.U.K.
(2)In subsection (9), for “married or unmarried couple” substitute “ couple ”.
(3)After subsection (11) insert—
“(12)In this section, “couple” has the meaning given by section 137(1) of the Contributions and Benefits Act.”
59U.K.In section 73 (overlapping benefits – general), in subsections (2)(b) and (d) and (5)(b) and (d), for “wife or husband” substitute “ wife, husband or civil partner ”.
60U.K.In section 74A (payment of benefit where maintenance payments collected by Secretary of State), in subsection (5)—
(a)after the definition of “child maintenance” insert—
““couple” has the meaning given by section 137(1) of the Contributions and Benefits Act;”,
(b)in the definition of “family”, for “married or unmarried couple” (in each place) substitute “ couple ”, and
(c)omit the definitions of “married couple” and “unmarried couple”.
61(1)Amend section 78 (recovery of social fund awards) as follows.U.K.
(2)In subsection (3)(b), for “married or unmarried couple” substitute “ couple ”.
(3)For subsection (5) substitute—
“(5)In this section “couple” has the meaning given by section 137(1) of the Contributions and Benefits Act.”
(4)In subsection (6)—
(a)in paragraph (a), after “wife” insert “ or civil partner ”, and
(b)in paragraph (b), after “husband” insert “ or civil partner ”.
62U.K.In section 105 (failure to maintain – general), in subsection (4), after “spouse” insert “ or civil partner ”.
63(1)Amend section 107 (recovery of expenditure on income support: additional amounts and transfer of orders) as follows.U.K.
(2)In subsection (1)(b), after “wife” insert “ or civil partner ”.
(3)In subsection (15), after paragraph (a)(ii) of the definition of “maintenance order” insert—
“(iii)any order under Schedule 7 to the Civil Partnership Act 2004 for the making of periodical payments or for the payment of a lump sum;”.
64U.K.In section 109B (power to require information), in subsection (5)(a), for “married, his spouse” substitute “ married or is a civil partner, his spouse or civil partner ”.
65U.K.F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Sch. 24 para. 65 repealed (3.7.2007) by Welfare Reform Act 2007 (c. 5), ss. 40, 67, 70, Sch. 5 para. 14, Sch. 8
66U.K.In section 156 (up-rating under section 150 of pensions increased under section 52(3) of the Contributions and Benefits Act)—
(a)in subsection (1), after “spouse” insert “ or civil partner ”, and
(b)in subsections (2) and (3), after “spouse's” (in each place) insert “ or civil partner's ”.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: