Civil Partnership Act 2004

Part 4 Amendments of the Social Security Administration Act 1992 (c. 5)

55 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;”.

56 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.

(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.

(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.”

59 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”.

60 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.

(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”.

62 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.

(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;”.

64 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”.

65 In section 139 (arrangement for community charge benefits), in subsection (11), in the definition of “war widow’s pension”—

(a) after “any widow's” insert “or surviving civil partner's”, and

(b) after “widow” insert “or surviving civil partner”.

66 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”.