SCHEDULE 3Amendments of subordinate legislation relating to social security

Article 2(3)

Social Security (Benefit)(Married Women and Widows Special Provisions) Regulations 19741

In regulation 3 of the Social Security (Benefit) (Married Women and Widows Special Provisions) Regulations 1974 M1 (modifications, in relation to widows, of provisions with respect to unemployment and short-term incapacity benefit, maternity allowance and Category A retirement pension) M2 in paragraph (1) M3 after “by reason of remarriage” insert “ , the formation of a civil partnership ”.

Annotations:
Marginal Citations
M2

The reference to unemployment benefit in the heading to regulation 3 became obsolete as from 7th October 1996 when all references to that benefit were deleted from the regulation, and the heading was amended by S.I. 1995/829.

M3

Paragraph (1) was amended by S.I. 1978/508, S.I. 1995/829 and S.I. 1996/1345.

Social Security (Employed Earners' Employments for Industrial Injuries Purposes) Regulations 19752

In Schedule 1 to the Social Security (Employed Earners' Employments for Industrial Injuries Purposes) Regulations 1975 M4, in paragraph 1 of Part II (employments not to be treated as employed earners' employments for industrial injuries purposes)—

a

after “spouse” insert “ or civil partner ”;

b

after “spouse's” insert “ or civil partner's ”.

Social Security (Hospital In-Patients) Regulations 1975F43

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Social Security (Credits) Regulations 19754

1

Amend the Social Security (Credits) Regulations 1975 M5 as follows.

2

In regulation 7A (credits for carer's allowance) M6, in paragraph (1) for “widow or widower” substitute “ widow, widower or surviving civil partner ”.

3

In regulation 7C (credits for working tax credit) M7—

a

in paragraphs (2)(a) and (3) for “a married or unmarried couple” substitute “ a couple ”;

b

in paragraph (6) for “ “married couple” and “unmarried couple” have” substitute

couple

has

4

In regulation 8C (credits on termination of bereavement benefits) M9, in paragraph (2) after “remarriage” insert “ , forming a civil partnership, ”.

Social Security Benefit (Persons Abroad) Regulations 19755

1

Amend the Social Security Benefit (Persons Abroad) Regulations 1975 M10 as follows.

2

In regulation 2 (modification of the Act in relation to incapacity benefit, severe disablement allowance, unemployability supplement and maternity allowance) M11, in paragraph (5)(b) M12 after “spouse,” insert “ civil partner, ”.

3

In regulation 4 (modification of the Act in relation to widow's benefit, bereavement benefit, child's special allowance, guardian's allowance and retirement pension) M13—

a

in paragraph (2B) M14—

i

in sub-paragraph (a)—

aa

after “deceased spouse” insert “ or deceased civil partner ”;

bb

after “surviving spouse” insert “ or surviving civil partner ”;

cc

after “deceased spouse's” insert “ or deceased civil partner's ”;

ii

in sub-paragraph (b)—

aa

after “surviving spouse” insert “ or surviving civil partner ”;

bb

after “deceased spouse's” insert “ or deceased civil partner's ”;

iii

in sub-paragraph (c), after “surviving spouse” insert “ or surviving civil partner ”;

b

in paragraph (4) M15—

i

after “surviving spouse” (in each place) insert “ or surviving civil partner ”;

ii

after “former spouse” (in each place) insert “ or former civil partner ”.

4

In regulation 5 (application of disqualification in respect of up-rating of benefit)—

a

in paragraph (3)—

i

in sub-paragraph (b) M16—

aa

for “a widow or a widower” substitute “ a widow, a widower or a surviving civil partner ”;

bb

after “former spouse” insert “ or former civil partner ”;

ii

in sub-paragraph (d) M17 after “deceased spouse” insert “ or deceased civil partner ”;

b

in paragraph (6) M18 after “former spouse” (in each place) insert “ or former civil partner ”;

c

in paragraph (7) M19—

i

after “spouse” (in each place) insert “ or civil partner ”;

ii

after “were husband and wife” insert “ or were civil partners ”;

iii

after “became husband and wife” insert “ or formed a civil partnership ”.

5

In regulation 13 (modification of the Act in relation to a dependant)—

a

after “A husband or wife” insert “ or civil partner ”;

b

after “spouse” (in each place) insert “ or civil partner ”;

c

after “spouse's” insert “ or civil partner's ”;

d

for “the husband or wife” substitute “ the husband, wife or civil partner ”.

Social Security (Invalid Care Allowance) Regulations 19766

In regulation 9 of the Social Security (Invalid Care Allowance) Regulations 1976 M20 (conditions relating to residence and presence in Great Britain), in paragraph (3)(c) M21, after “spouse,” insert “ civil partner, ”.

Social Security Benefit (Dependency) Regulations 19777

1

Amend the Social Security Benefit (Dependency) Regulations 1977 M22 as follows.

2

In regulation 3 (allocation of contributions for spouse) M23—

a

in the heading preceding it, after “spouse” insert “ or civil partner ”;

b

in paragraph (1) M24 after “spouse” (in each place) insert “ or civil partner ”;

c

in paragraph (2) M25 after “spouse” (in each place) insert “ or civil partner ”.

3

In regulation 4A (circumstances in which a person who is not entitled to child benefit is to be treated as if he were so entitled) M26—

a

in paragraph (1)(b) M27 after “spouse” insert “ or civil partner ”;

b

in paragraph (4) M28 after “spouse” insert “ or civil partner ”.

4

In regulation 5 (contribution towards the cost of providing for child), in paragraph (5) M29—

a

after “neither the beneficiary nor his spouse” insert “ or, as the case may be, his civil partner ”;

b

after “if he has a spouse” and “and his spouse” insert “ or civil partner ”.

5

In regulation 8 (earnings rules for increases for adult dependants) M30—

a

in paragraph (1)—

i

at the end of sub-paragraph (a), insert “ or ”;

ii

omit “or” at the end of sub-paragraph (b);

iii

omit sub-paragraph (c);

b

after paragraph (1) insert—

1A

This paragraph applies in cases where an increase of benefit is claimed in respect of a spouse or a civil partner who, in either case, is residing with the beneficiary and the increase is claimed under paragraph 6(1)(a)(i) of Schedule 7 to the Contributions and Benefits Act (increase of disablement pension in respect of a spouse or civil partner where beneficiary entitled to unemployability supplement).

c

in paragraph (2)—

i

after “paragraph (1)” insert “ or (1A) ”;

ii

after “spouse” (in each place) insert “ or civil partner ”;

d

in paragraph (6) after “spouse” (in each place) insert “ or civil partner ”.

6

In regulation 11 (contribution to maintenance of adult dependant), after paragraph (1) M31 insert—

1A

Subject to paragraphs (2) and (3), for the purposes of section 82 of, and paragraph 6(1)(a)(i) of Schedule 7 to, the Contributions and Benefits Act (increase of maternity allowance and increase of disablement pension where beneficiary entitled to unemployability supplement) a beneficiary shall not be deemed to satisfy the requirement contained in those provisions (that he is contributing to the maintenance of his civil partner at a weekly rate of not less than the standard rate of increase) unless when in employment, or not incapable of work, or not entitled to a Category A or a Category B retirement pension, as the case may be (except in a case where the dependency did not arise until later), he contributed to his civil partner's maintenance at a weekly rate not less than the standard rate of increase.

7

In Schedule 2 (prescribed circumstances for increase of a carer's allowance) M32—

a

in paragraph 2A M33—

i

for sub-paragraph (a) substitute the following sub-paragraph—

a

a beneficiary is a member of a couple; and

ii

in sub-paragraph (b) for “person” substitute “ member of the couple ”;

b

in paragraph 2C M34—

i

omit the definition of “unmarried couple”;

ii

before the definition of “week” insert the following definition—

“couple” means—

a

a man and woman who are married to each other and are members of the same household;

b

a man and woman who are not married to each other but are living together as husband and wife;

c

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

d

two people of the same sex who are not civil partners of each other but are living together as if they were civil partners,

and for the purposes of paragraph (d), 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;;

c

in paragraph (4)(a)(ii) after “spouses” insert “ or civil partners ”;

d

in paragraph (7)(a) M35 after “a spouse” insert “ or civil partner ”.

Social Security Benefit (Persons Residing Together) Regulations 19778

In regulation 2 of the Social Security Benefit (Persons Residing Together) Regulations 1977 M36 (circumstances in which a person is to be treated as residing or not residing with another person or in which persons are to be treated as residing or not residing together), in paragraph (2) M37 after “spouses” insert “ or civil partners ”.

Social Security (Overlapping Benefits) Regulations 19799

1

Amend the Social Security (Overlapping Benefits) Regulations 1979 M38 as follows.

2

In regulation 6 (adjustments of personal benefit under Chapters I and II of Part II of the Act by reference to industrial injuries benefits and benefits not under the Act, and adjustments of industrial injuries benefits), in paragraph (5) M39, after “spouse” (in each place) insert “ or civil partner ”.

3

In regulation 15 (priority between persons entitled to increase of benefit), in paragraph (4)(a) after “spouse” insert “ or civil partner ”.

4

In Schedule 1 (personal benefits which are required to be adjusted by reference to benefits not under Chapters I and II of Part II of the Act), in column (2) of paragraph 4 M40, after “surviving spouse” insert “ or civil partner ”.

Social Security (Widow's Benefit and Retirement Pensions) Regulations 197910

1

Amend the Social Security (Widow's Benefit and Retirement Pensions) Regulations 1979 M41 as follows.

2

In regulation 7A (Category B retirement pension for surviving spouses by virtue of deceased spouse's contributions) M42—

a

in the heading preceding it—

i

after “surviving spouses” insert “ and surviving civil partners ”;

ii

after “deceased spouse's” insert “ or deceased civil partner's ”;

b

in paragraph (2)(e) after “remarried” insert “ or formed a civil partnership ”;

c

in paragraph (3)(a) after “spouse” insert “ or civil partner ”.

3

In regulation 8 (substitution of former spouse's contribution record to give entitlement to a Category A retirement pension)—

a

in the heading preceding it, after “former spouse's” insert “ or former civil partner's ”;

b

in paragraph (1)—

i

in sub-paragraph (a) after “did not remarry” insert “ or, as the case may be, form a civil partnership ”;

ii

after sub-paragraph (a) insert the following sub-paragraph—

aa

any person whose last civil partnership terminated before he attained pensionable age and who did not form a subsequent civil partnership or, as the case may be, marry before that date;

iii

in sub-paragraph (b) M43—

aa

after “attaining pensionable age” insert “ or whose civil partner died on or after the man or woman had attained that age ”;

bb

after “former spouse” insert “ or former civil partner ”;

iv

in sub-paragraph (c)—

aa

after “last marriage” insert “ or last civil partnership ”;

bb

after “his spouse” insert “ or, as the case may be, his civil partner ”;

c

in paragraph (2)—

i

after “marriage” insert “ or civil partnership ”;

ii

after “former spouse” insert “ or former civil partner ”;

d

in paragraph (3)—

i

after “former spouse” insert “ or former civil partner ”;

ii

after “marriage” insert “ or civil partnership ”;

e

in paragraph (6) after “his spouse's” insert “ or his civil partner's ”.

4

In regulation 16ZA (provision in relation to entitlement to child benefit for the purposes of a widowed parent's allowance) M44—

a

in paragraph (1)—

i

after “(“the surviving spouse”)” insert “ or whose civil partner has died (“surviving civil partner”) ”;

ii

in sub-paragraph (b) after “surviving spouse” insert “ or surviving civil partner ”;

b

in paragraph (2)—

i

after “a surviving spouse” insert “ or surviving civil partner ”;

ii

after “more than once married” insert “ , has formed more than one civil partnership, or who has been both married and formed a civil partnership ”;

iii

after “with the deceased spouse” insert “ or, as the case may be, the deceased civil partner ”;

iv

after “the deceased spouse” insert “ or deceased civil partner ”;

v

in sub-paragraph (a)—

aa

after “spouse” (in each place) insert “ or civil partner ”;

bb

after “marriage” insert “ or, as the case may be, by the formation of a civil partnership ”;

cc

after “that previous spouse's” insert “ or previous civil partner's ”;

vi

in sub-paragraph (b) after “spouse” (in each place) insert “ or civil partner ”.

5

In Schedule 1 (method of treating former spouse's contributions as those of the beneficiary so as to entitle him to a Category A retirement pension)—

a

in the heading preceding it, after “former spouse's” insert “ or former civil partner's ”;

b

in paragraph 1—

i

after “the former spouse's” (in each place) insert “ or former civil partner's ”;

ii

after “the marriage” (in each place) insert “ or, as the case may be, the civil partnership ”;

c

in paragraph 2 after “marriage” (in each place) insert “ or civil partnership ”;

d

in paragraph 3—

i

after “in which the marriage took place” (in each place) insert “ or the civil partnership was formed ”;

ii

for “in which the marriage terminated” (in each place) substitute “ in which the marriage or civil partnership terminated ”.

Social Security (Widow's Benefit, Retirement Pensions and Other Benefits)(Transitional) Regulations 197911

1

Amend the Social Security (Widow's Benefit, Retirement Pensions and Other Benefits)(Transitional) Regulations 1979 M45 as follows.

2

In regulation 12 (provision relating to increase of retirement pension where pensioner's deceased spouse had deferred retirement) M46—

a

in the heading preceding it, after “deceased spouse” insert “ or deceased civil partner ”;

b

after “deceased spouse” (in each place) insert “ or deceased civil partner ”;

c

after “whose spouse dies on or after 6th April 1979” insert “ or whose civil partner dies on or after 5th December 2005 ”;

d

for “that date” substitute “ 6th April 1979 ”.

Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme 198312

1

Amend the Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme 1983 M47 as follows.

2

In article 5 (increase of allowance in respect of spouse) M48—

a

in the heading preceding it, after “spouse” add “ or civil partner ”;

b

in paragraph (1), after “spouse” insert “ or civil partner ”;

c

in paragraph (3), after “spouse” (in each place) insert “ or civil partner ”.

3

In article 9 (death benefit)—

a

in paragraph (2), after “Workmen's Compensation Act 1925” insert “ and is to be read as including a surviving civil partner of the deceased ”;

b

in paragraph (4)—

i

in sub-paragraph (a)—

aa

in paragraph (ii), after “at her death,” insert “ or ”;

bb

after paragraph (ii) insert the following paragraph—

iii

his or her surviving civil partner who was wholly dependant upon him or her and who was residing with him or her at the time of his or her death,

cc

for “to that widow or, as the case may be, to that widower” substitute “ to that widow, that widower or, as the case may be, that surviving civil partner ”;

ii

in sub-paragraph (b)—

aa

for “widow or widower” substitute “ widow, widower or surviving civil partner ”;

bb

after paragraph (i) insert the following paragraph—

ia

his or her surviving civil partner who was wholly dependant on the deceased at the time of the deceased's death; or

cc

for “between the widow or, as the case may be, the widower and that child or, if there is more than one child, between the widow or widower and those children” substitute “ between the widow, widower or, as the case may be, the surviving civil partner and that child or, if there is more than one child, between the widow, widower or, as the case may be, the surviving civil partner and those children ”;

c

in sub-paragraph (c)—

i

for “a widow or widower” substitute “ a widow, widower or surviving civil partner ”;

ii

for “to that widow or, as the case may be, to that widower” substitute “ to that widow, that widower or, as the case may be, to that surviving civil partner ”;

d

in sub-paragraph (d), for “widow or widower” substitute “ widow, widower or surviving civil partner ”.

4

In Schedule 2 (conditions relating to increase of allowance in respect of a spouse) M49—

a

in the heading preceding it, after “spouse” add “ or civil partner ”;

b

in paragraph 1, after “spouse” (in each place) insert “ or civil partner ”;

c

in paragraph 2, after “spouse” (in each place) insert “ or civil partner ”.

Income Support (General) Regulations 198713

1

Amend the Income Support (General) Regulations 1987 M50 as follows.

2

In regulation 2 (interpretation), in paragraph (1)—

a

in the definition of “close relative”, for “or the spouse of any of the preceding persons or, if that person is one of an unmarried couple, the other member of that couple” substitute “ or, if any of the preceding persons is one member of a couple, the other member of that couple ”;

b

for the definition of “couple” substitute the following definition—

“couple” means—

a

a man and woman who are married to each other and are members of the same household;

b

a man and woman who are not married to each other but are living together as husband and wife;

c

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

d

two people of the same sex who are not civil partners of each other but are living together as if they were civil partners,

and for the purposes of paragraph (d), 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;;

c

in the definition of “partner”, in paragraph (a), for “a married or an unmarried couple” substitute “ a couple ”;

d

in the definition of “war widower's pension”M51—

i

after “any widower's” insert “ or surviving civil partner's ”;

ii

after “for a widower” insert “ or surviving civil partner ”.

3

In regulation 21 (special cases), in paragraph (3), in the definition of “partner of a person subject to immigration control”M52, in sub-paragraph (iii)—

a

for “his” substitute “ the member's ”;

b

for “her” substitute “ the partner ”.

4

Amend regulation 54 (interpretation) as follows—

a

in the definition of “liable relative”, for “or former spouse” substitute “ , former spouse, civil partner or former civil partner ”;

b

in the definition of “payment”M53, in sub-paragraph (a)—

i

at the end of paragraph (ii), insert “ or ”;

ii

after paragraph (ii), as amended by sub-paragraph (i) above, insert the following paragraph—

iii

any proceedings for separation, dissolution or nullity in relation to a civil partnership;

5

In regulation 61 (interpretation), in the definition of “contribution”M54, after “the holder's spouse” insert “ or civil partner ”.

6

In Schedule 1B (prescribed categories of person) M55, in paragraph 16A (certain persons aged between 55 and 60 whose spouse has died) M56—

a

in the heading preceding it, after “spouse” insert “ or civil partner ”;

b

in sub-paragraph (b), after “9th April 2006” insert “ or whose civil partner died during the period beginning on 5th December 2005 and ending on 9th April 2006 ”.

7

In Schedule 2 (applicable amounts), in paragraph 8A (bereavement premium) M57, in sub-paragraph (1)(b), after “9th April 2001” insert “ or of a civil partner who died on or after 5th December 2005 ”.

8

In Schedule 9 (sums to be disregarded in the calculation of income other than earnings)—

a

in paragraph 16(c) M58, for “widow or widower” substitute “ widow, widower or surviving civil partner ”;

b

in paragraph 39 M59—

i

in sub-paragraph (2)(a), after “estranged or divorced” insert “ or with whom he has formed a civil partnership that has not been dissolved or, where that person has died, had not been dissolved at the time of that person's death ”;

ii

in sub-paragraph (3), after “estranged or divorced” insert “ or, where the partner or former partner and that person have formed a civil partnership, the civil partnership has not been dissolved or, if either of them has died, had not been dissolved at the time of the death ”;

iii

in sub-paragraph (4)(a), after “estranged or divorced” insert “ or with whom he has formed a civil partnership that has not been dissolved ”;

iv

in sub-paragraph (5)(a), after “estranged or divorced” insert “ or with whom he had formed a civil partnership that had not been dissolved ”;

c

in paragraph 54 M60, for “widows or widowers” substitute “ widows, widowers or surviving civil partners ”;

d

in paragraph 55 M61, for “widows or widowers” substitute “ widows, widowers or surviving civil partners ”;

e

in paragraph 56(1) M62—

i

in paragraph (a), for “widow or widower” substitute “ widow, widower or surviving civil partner ”;

ii

in paragraph (b), for “widows or widowers” substitute “ widows, widowers or surviving civil partners ”.

9

In Schedule 10 (capital to be disregarded)—

a

in paragraph 4(b) M63, after “estranged or divorced” insert “ or with whom he formed a civil partnership that has been dissolved ”;

b

in paragraph 22 M64—

i

in sub-paragraph (2)(a), after “estranged or divorced” insert “ or with whom he has formed a civil partnership that has not been dissolved or, where that person has died, had not been dissolved at the time of that person's death ”;

ii

in sub-paragraph (3), after “estranged or divorced” insert “ or, where the partner or former partner and that person have formed a civil partnership, the civil partnership has not been dissolved or, if either of them has died, had not been dissolved at the time of the death ”;

iii

in sub-paragraph (4)(a), after “estranged or divorced” insert “ or with whom he has formed a civil partnership that has not been dissolved ”;

iv

in sub-paragraph (5)(a), after “estranged or divorced” insert “ or with whom he had formed a civil partnership that had not been dissolved ”;

c

in paragraph 25 M65, after “estrangement or divorce from” insert “ , or dissolution of his civil partnership with, ”;

d

in paragraph 61 M66, in sub-paragraphs (c) and (d), after “deceased spouse” insert “ or deceased civil partner ”;

e

in paragraph 65 M67, after “deceased spouse” (in each place) insert “ or deceased civil partner ”.

Social Security (Claims and Payments) Regulations 198714

1

Amend the Social Security (Claims and Payments) Regulations 1987 M68 as follows.

2

In regulation 2 (interpretation)—

a

after the definition of “Contributions and Benefits Act” insert the following definition—

“couple” means—

a

a man and woman who are married to each other and are members of the same household;

b

a man and woman who are not married to each other but are living together as husband and wife;

c

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

d

two people of the same sex who are not civil partners of each other but are living together as if they were civil partners,

and for the purposes of paragraph (d), 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;;

b

omit the definitions of “married couple” and “unmarried couple”;

c

in the definition of “partner”, for “a married or unmarried couple” substitute “ a couple ”.

3

In regulation 4 (making a claim for benefit), in paragraphs (3) M69, (3B)(a) M70, (3C) M71 and (4), for “a married or unmarried couple” substitute “ a couple ”.

4

In regulation 4D (making a claim for state pension credit) M72, in paragraphs (7) and (8) for “married or unmarried couple” substitute “ couple ”.

5

In regulation 6 (date of claim), in paragraph (31) M73, in sub-paragraphs (a)(ii), (b) and (ii), after “spouse” insert “ or civil partner ”.

6

In regulation 15 (advance notice of retirement and claim for and award of pension), in paragraph (6) M74, after “the spouse” (in each place) insert “ or civil partner ”.

7

In regulation 17 (duration of awards), in paragraph (1A) M75 for “a married or unmarried couple” substitute “ a couple ”.

8

In regulation 36 (payment to a partner as alternative payee), in paragraph (2)(a) M76, for “of a married or unmarried” substitute “ member of a ”.

Housing Benefit (General) Regulations 1987F115

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F116

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Housing Benefit (Supply of Information) Regulations 1988F217

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Social Security (Payments on account, Overpayments and Recovery) Regulations 198818

In regulation 17 of the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988 M77 (recovery from couples) M78, for “a married or unmarried couple” (in each place) substitute “ a couple ”.

Social Security (Attendance Allowance) Regulations 199119

In regulation 2 of the Social Security (Attendance Allowance) Regulations 1991 M79 (conditions as to residence and presence in Great Britain), in paragraph (2)(c), after “spouse,” insert “ civil partner, ”.

Social Security (Disability Living Allowance) Regulations 199120

In regulation 2 of the Social Security (Disability Living Allowance) Regulations 1991 M80 (conditions as to residence and presence in Great Britain), in paragraph (2)(c), after “spouse,” insert “ civil partner, ”.

Council Tax Benefit (General) Regulations 1992F321

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F322

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Social Security (Incapacity Benefit – Increases for Dependants) Regulations 199423

1

Amend the Social Security (Incapacity Benefit – Increases for Dependants) Regulations 1994 M81 as follows.

2

In regulation 3 (allocation of contributions for a spouse) M82—

a

in the heading preceding it, after “spouse” add “ or civil partner ”;

b

after “spouse” (in each place) insert “ or civil partner ”.

3

In regulation 9 (increase of incapacity benefit for adult dependants and persons having the care of children), in paragraph (1) M83—

a

in sub-paragraph (a), after “spouse” (in each place) insert “ or civil partner ”;

b

in sub-paragraph (b), after “a spouse” insert “ or civil partner ”.

4

In regulation 12 (contribution to maintenance of adult dependant), in paragraph (1)—

a

in sub-paragraph (a)—

i

after “his spouse” insert “ or civil partner ”;

ii

after “that spouse's” insert “ , civil partner's ”.

b

in sub-paragraph (b), after “the spouse” insert “ , civil partner ”.

5

In regulation 14 (disqualification for receipt of increases in cases of imprisonment and absence abroad), in paragraph (1), after “the spouse” insert “ or civil partner ”.

Social Security (Incapacity Benefit) Regulations 199424

In regulation 16 of the Social Security (Incapacity Benefit) Regulations 1994 M84 (conditions relating to residence or presence) M85, in paragraph (4)(a), after “spouse,” insert “ civil partner, ”.

Social Security (Incapacity for Work) (General) Regulations 199525

In regulation 2 of the Social Security (Incapacity for Work) (General) Regulations 1995 M86 (interpretation), in paragraph (1)—

a

in the definition of “close relative”, for “or the spouse of any of the preceding persons or, if that person is one of an unmarried couple, the other member of that couple” substitute “ or if any of the preceding persons is one member of a couple, the other member of that couple ”;

b

after the definition of “close relative” insert the following definition—

“couple” means—

a

a man and woman who are married to each other and are members of the same household;

b

a man and woman who are not married to each other but are living together as husband and wife;

c

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

d

two people of the same sex who are not civil partners of each other but are living together as if they were civil partners,

and for the purposes of paragraph (d), 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;;

c

in the definition of “relative”M87, for “a spouse or, in the case of an unmarried couple, the other member of that couple” substitute “ the other member of a couple ”.

Jobseeker's Allowance Regulations 199626

1

Amend the Jobseeker's Allowance Regulations 1996 M88 as follows.

2

In regulation 1 (citation, commencement and interpretation), in paragraph (3)—

a

in the definition of “close relative”M89, for “or the spouse of any of the preceding persons or, if that person is one of an unmarried couple, the other member of that couple” substitute “ or if any of the preceding persons is one member of a couple, the other member of that couple ”;

b

for the definition of “couple” substitute the following definition—

“couple” means—

a

a man and woman who are married to each other and are members of the same household;

b

a man and woman who are not married to each other but are living together as husband and wife;

c

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

d

two people of the same sex who are not civil partners of each other but are living together as if they were civil partners,

and for the purposes of paragraph (d), 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;;

c

in the definition of “partner”, in paragraph (a) for “a married or unmarried couple” substitute “ a couple ”;

d

in the definition of “war widower's pension”M90, after “to a man as a widower” insert “ or to a surviving civil partner ”.

3

In regulation 4 (interpretation of Parts 2, 4 and 5), in the definition of “close relative”M91—

a

for “a spouse or other member of an unmarried couple” substitute “ a member of a couple ”;

b

for “or the spouse of any of the preceding persons or, if that person is one of an unmarried couple, the other member of that couple” substitute “ or if any of the preceding persons is one member of a couple, the other member of that couple ”.

4

In regulation 57 (interpretation of Part 4), in paragraph (2)(a)—

a

after “of a married couple” insert “ or of a civil partnership ”;

b

after “that couple” insert “ or civil partnership ”.

5

In regulation 85 (special cases), in paragraph (4), in the definition of “partner of a person subject to immigration control”M92, in sub-paragraph (iii)—

a

for “his” substitute “ the member's ”;

b

for “her” substitute “ the partner ”.

6

In regulation 117 (interpretation)—

a

in the definition of “liable relative”, in sub-paragraph (a), for “or former spouse” substitute “ , former spouse, civil partner or former civil partner ”;

b

in the definition of “payment”, in sub-paragraph (a)—

i

at the end of paragraph (ii), insert “ or ”;

ii

after paragraph (ii), as amended by sub-paragraph (i) above, insert the following paragraph—

iii

any proceedings for separation, dissolution or nullity in relation to a civil partnership;

7

In regulation 130 (interpretation), in the definition of “contribution”M93, after “holder's spouse” insert “ or civil partner ”.

8

In regulation 140 (meaning of “person in hardship”), in paragraph (1) M94—

a

in sub-paragraph (c)—

i

for “a married or unmarried couple” substitute “ a couple ”;

ii

for paragraph (i) substitute the following paragraph—

i

at least one member of the couple is a woman who is pregnant; and

b

in sub-paragraph (e), for “a married or unmarried couple” substitute “ a couple ”.

9

In regulation 146A (meaning of “couple in hardship”) M95, in paragraph (1)(a), for “the woman member of the joint-claim couple is pregnant” substitute “ at least one member of the joint-claim couple is a woman who is pregnant ”.

10

In regulation 169 (recovery orders), in paragraph (1), after “claimant's spouse”, insert “ or civil partner ”.

11

Amend Schedule 1 (applicable amounts) as follows—

a

in paragraph 1, in sub-paragraph (3)(a)(iv) and (iva) M96 of column (1), after “married” insert “ or civil partners ”;

b

in paragraph 9A(1)(b) (bereavement premium) M97 of Part 3 (premiums), after “9th April 2001” insert “ or of a civil partner who died on or after 5th December 2005 ”.

12

In Schedule 7 (sums to be disregarded in the calculation of income other than earnings)—

a

in paragraph 41—

i

in sub-paragraph (2)(a), after “estranged or divorced” insert “ or with whom he has formed a civil partnership that has not been dissolved or, where that person has died, had not been dissolved at the time of that person's death ”;

ii

in sub-paragraph (3), after “estranged or divorced” insert “ or, where the partner or former partner and that person have formed a civil partnership, the civil partnership has not been dissolved or, if either of them has died, had not been dissolved at the time of the death ”;

iii

in sub-paragraph (4)(a), after “estranged or divorced” insert “ or with whom he has formed a civil partnership that has not been dissolved ”;

iv

in sub-paragraph (5)(a), after “estranged or divorced” insert “ or with whom he had formed a civil partnership that had not been dissolved ”;

b

in paragraph 53 M98, for “widows or widowers” substitute “ widows, widowers or surviving civil partners ”;

c

in paragraph 54 M99, for “widows or widowers” substitute “ widows, widowers or surviving civil partners ”;

d

in paragraph 55(1) M100—

i

in paragraph (a), for “widow or widower” substitute “ widow, widower or surviving civil partner ”;

ii

in paragraph (b), for “widows or widowers” substitute “ widows, widowers or surviving civil partners ”.

13

In Schedule 8 (capital to be disregarded)—

a

in paragraph 4(b), after “estranged or divorced” insert “ or with whom he formed a civil partnership that has been dissolved ”;

b

in paragraph 5 M101, after “estrangement or divorce from” insert “ or dissolution of a civil partnership with ”;

c

in paragraph 27—

i

in sub-paragraph (2)(a), after “estranged or divorced” insert “ or with whom he has formed a civil partnership that has not been dissolved or, where that person has died, had not been dissolved at the time of that person's death ”;

ii

in sub-paragraph (3), after “estranged or divorced” insert “ or, where the partner or former partner and that person have formed a civil partnership, the civil partnership has not been dissolved or, if either of them has died, had not been dissolved at the time of the death ”;

iii

in sub-paragraph (4)(a), after “estranged or divorced” insert “ or with whom he has formed a civil partnership that has not been dissolved ”;

iv

in sub-paragraph (5)(a), after “estranged or divorced” insert “ or with whom he had formed a civil partnership that had not been dissolved ”;

d

in paragraph 56 M102, in sub-paragraphs (c) and (d), after “deceased spouse” insert “ or deceased civil partner ”;

e

in paragraph 58 M103, after “deceased spouse” (in each place) insert “ or deceased civil partner ”.

Social Security Benefits (Maintenance Payments and Consequential Amendments) Regulations 199627

In regulation 2 of the Social Security Benefits (Maintenance Payments and Consequential Amendments) Regulations 1996 M104 (interpretation for the purposes of section 74A of the Act), in paragraph (b), after “spouse” insert “ or civil partner ”.

Social Security (Child Maintenance Bonus) Regulations 199628

1

Amend the Social Security (Child Maintenance Bonus) Regulations 1996 M105 as follows.

2

In regulation 1 (citation, commencement and interpretation), in paragraph (2)—

a

for the definition of “couple” substitute the following definition—

“couple” means—

a

a man and woman who are married to each other and are members of the same household;

b

a man and woman who are not married to each other but are living together as husband and wife;

c

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

d

two people of the same sex who are not civil partners of each other but are living together as if they were civil partners,

and for the purposes of paragraph (d), 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;;

b

in the definition of “partner”, in paragraph (a), for “a married or unmarried couple” substitute “ a couple ”.

3

In regulation 7 (death of a person with care of a child) M106, in paragraph (2), for “or the spouse of any of the preceding persons or, if that person is one of an unmarried couple, the other member of that couple” substitute “ or if any of the preceding persons is one member of a couple, the other member of that couple ”.

Rent Officers (Housing Benefit Functions) Order 199729

In the Rent Officers (Housing Benefit Functions) Order 1997 M107, in Schedule 2 (size criteria), in paragraph 1(a), for “a married couple or an unmarried couple” substitute “ a couple ”.

Rent Officers (Housing Benefit Functions)(Scotland) Order 199730

In the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997 M108, in Schedule 2 (size criteria), in paragraph 1(a), for “a married couple or an unmarried couple” substitute “ a couple ”.

Social Security (Claims and Information) Regulations 199931

In regulation 17 of the Social Security (Claims and Information) Regulations 1999 M109 (partners of claimants) M110, in paragraph (5)—

a

for “partner” substitute “ partner ”

b

for “a married or unmarried couple” substitute “ a couple ”;

c

after “also a member” insert “ , and “couple” has the same meaning as in regulation 1(3) of the Jobseeker's Allowance Regulations 1996 ”M111.

Social Fund Winter Fuel Payment Regulations 200032

In regulation 1 of the Social Fund Winter Fuel Payment Regulations 2000 M112 (citation, commencement and interpretation), in paragraph (2)—

a

before the definition of “free in-patient treatment” insert the following definition—

“couple” means—

a

a man and woman who are married to each other and are members of the same household;

b

a man and woman who are not married to each other but are living together as husband and wife;

c

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

d

two people of the same sex who are not civil partners of each other but are living together as if they were civil partners,

and for the purposes of paragraph (d), 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;;

b

in the definition of “partner”, in paragraph (a) for “a married or unmarried couple” substitute “ a couple ”.

Social Security (Breach of Community Order) Regulations 200133

1

Amend the Social Security (Breach of Community Order) Regulations 2001 M113 as follows.

2

In regulation 6 (meaning of “person in hardship”), in paragraph (1)—

a

in sub-paragraph (c)—

i

for “a married or unmarried couple” substitute “ a couple ”;

ii

for paragraph (i) substitute the following paragraph—

i

at least one member of the couple is a woman who is pregnant; and

b

in sub-paragraph (e), for “a married or unmarried couple” substitute “ a couple ”.

3

In regulation 12 (meaning of “couple in hardship”), in paragraph (1), in sub-paragraph (a), for “the woman member of the joint-claim couple is pregnant” substitute “ at least one member of the joint-claim couple is a woman who is pregnant ”.

Social Security (Loss of Benefit) Regulations 200134

1

Amend the Social Security (Loss of Benefit) Regulations 2001 M114 as follows.

2

In regulation 5 (meaning of “person in hardship”), in paragraph (1)—

a

in sub-paragraph (c)—

i

for “a married or unmarried couple” substitute “ a couple ”;

ii

for paragraph (i) substitute the following paragraph—

i

at least one member of the couple is a woman who is pregnant; and

b

in sub-paragraph (e), for “a married or unmarried couple” substitute “ a couple ”.

3

In regulation 11 (application of Part and meaning of “couple in hardship”), in paragraph (2), in sub-paragraph (a), for “the woman member of the joint-claim couple is pregnant” substitute “ at least one member of the joint-claim couple is a woman who is pregnant ”.

State Pension Credit Regulations 200235

1

Amend the State Pension Credit Regulations 2002 M115 as follows.

2

In regulation 1 (citation, commencement and interpretation)—

a

in paragraph (2)—

i

in the definition of “close relative”, for “or the spouse of any of the preceding persons or, if that person is one of an unmarried couple, the other member of that couple” substitute “ or if any of the preceding persons is one member of a couple, the other member of that couple ”;

ii

after the definition of “close relative” insert the following definition—

“couple” means—

a

a man and woman who are married to each other and are members of the same household;

b

a man and woman who are not married to each other but are living together as husband and wife;

c

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

d

two people of the same sex who are not civil partners of each other but are living together as if they were civil partners,

and for the purposes of paragraph (d), 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;;

b

in paragraph (3), for “a married or unmarried couple” substitute “ a couple ”.

3

In regulation 15 (income for the purposes of the Act), in paragraph (5)(d), for “or former spouse” (in each place) substitute “ , civil partner, former spouse or former civil partner ”.

4

In Schedule IV (amounts to be disregarded in the calculation of income other than earnings)—

a

in paragraph 1(c) M116, for “widow or widower” substitute “ widow, widower or surviving civil partner ”;

b

in paragraph 4 M117, for “widows or widowers” substitute “ widows, widowers or surviving civil partners ”;

c

in paragraph 5 M118, for “widows or widowers” substitute “ widows, widowers or surviving civil partners ”;

d

in paragraph 6, in sub-paragraph (1) M119—

i

in paragraph (a), for “widow or widower” substitute “ widow, widower or surviving civil partner ”;

ii

in paragraph (b), for “widows or widowers” substitute “ widows, widowers or surviving civil partners ”;

e

in paragraph 12, after “spouse” insert “ or civil partner ”.

5

In Schedule V (income from capital)—

a

in paragraph 4(b), after “estranged or divorced” insert “ or with whom he had formed a civil partnership that has been dissolved ”;

b

in paragraph 6(1), after “estrangement or divorce from” insert “ , or dissolution of his civil partnership with, ”;

c

in paragraph 12, in sub-paragraphs (c) and (d) after “deceased spouse” insert “ or deceased civil partner ”;

d

in paragraph 14, after “deceased spouse” (in each place) insert “ or deceased civil partner ”;

e

in paragraph 15—

i

in sub-paragraph (2), after “estranged or divorced” insert “ or with whom he has formed a civil partnership that has not been dissolved or, where that person has died, had not been dissolved at the time of that person's death ”;

ii

in sub-paragraph (3), after “estranged or divorced” insert “ or, where the partner or former partner and that person have formed a civil partnership, the civil partnership has not been dissolved or, if either of them has died, had not been dissolved at the time of the death ”;

iii

in sub-paragraph (4)(a), after “estranged or divorced” insert “ or with whom he has formed a civil partnership that has not been dissolved ”;

iv

in sub-paragraph (5)(a), after “estranged or divorced” insert “ or with whom he had formed a civil partnership that had not been dissolved ”.

6

In Schedule VI (sums disregarded from claimant's earnings), in paragraph 4A(1)(b) M120, for “married or unmarried couples” substitute “ couples ”.

Tax Credit (Appeals) (No. 2) Regulations 200236

1

Amend the Tax Credits (Appeals) (No. 2) Regulations 2002 M121 as follows.

2

In regulation 1 (citation, commencement, duration and interpretation), in paragraph (3)—

a

after the definition of “clerk to the appeal tribunal” insert the following definition—

“couple” means—

a

a man and woman who are married to each other and are members of the same household;

b

a man and woman who are not married to each other but are living together as husband and wife;

c

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

d

two people of the same sex who are not civil partners of each other but are living together as if they were civil partners,

and for the purposes of paragraph (d), 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;;

b

in the definition of “partner”—

i

omit “, where a person is a member of a married or an unmarried couple,”;

ii

for “that” substitute “ a ”.

F53

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Social Security (Jobcentre Plus Interviews for Partners) Regulations 200337

In regulation 2 of the Social Security (Jobcentre Plus Interviews for Partners) Regulations 2003 M122 (interpretation and application), in paragraph (1) after the definition of “claimant” insert the following definition—

“couple” means—

a

a man and woman who are married to each other and are members of the same household;

b

a man and woman who are not married to each other but are living together as husband and wife;

c

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

d

two people of the same sex who are not civil partners of each other but are living together as if they were civil partners,

and for the purposes of paragraph (d), 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;.

Social Security (Working Neighbourhoods) Regulations 200438

In regulation 2 of the Social Security (Working Neighbourhoods) Regulations 2004 M123 (interpretation and application), in paragraph (1) after the definition of “benefit recipient” insert the following definition—

“couple” means—

a

a man and woman who are married to each other and are members of the same household;

b

a man and woman who are not married to each other but are living together as husband and wife;

c

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

d

two people of the same sex who are not civil partners of each other but are living together as if they were civil partners,

and for the purposes of paragraph (d), 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;.