2005 No. 2878
The Social Security (Civil Partnership) (Consequential Amendments) Regulations 2005
Made
Laid before Parliament
Coming into force
The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by sections 48(1), 113(1)(b), 122(1), 123(1)(a), (d) and (e), 134, 135, 136, 137(1) and 175(1), (3), (4) and (5) of, and paragraphs 2(2), 3B(5)(b)(iii) and 7B(5)(b)(iii) of Schedule 5 to, the Social Security Contributions and Benefits Act 1992 M1, sections 5(1)(a), 189(1), (4) and (5) and 191 of the Social Security Administration Act 1992 M2, sections 9(4), 10(6), 79(1), (4) and (6) and 84 of the Social Security Act 1998 M3 and paragraph 20(1) and (3) of Schedule 7 to the Child Support, Pensions and Social Security Act 2000 M4, and of all other powers enabling him in that behalf, after consultation in respect of provisions in these Regulations relating to housing benefit and council tax benefit with organisations appearing to him to be representative of the authorities concerned M5, and after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it M6, hereby makes the following Regulations:
1992 c. 5; section 191 is cited for the definition of “prescribe”.
1998 c. 14; section 84 is cited for the definition of “prescribe”.
See section 176(1) of the Social Security Administration Act 1992 as amended by section 103 of, and paragraph 23 of Schedule 9 to, the Local Government Finance Act 1992.
See sections 172(1) and 173(1)(b) of the Social Security Administration Act 1992.
Citation and commencement1
These Regulations may be cited as the Social Security (Civil Partnership) (Consequential Amendments) Regulations 2005, and shall come into force on 5th December 2005 (immediately after the Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 M7 comes into force).
Amendment of the Social Security (Widow's Benefit and Retirement Pensions) Regulations 19792
1
The Social Security (Widow's Benefit and Retirement Pensions) Regulations 1979 M8 are amended as follows.
2
In regulation 1(2) (citation, commencement and interpretation), after the definition “bereavement allowance” insert the following definition—
“civil partner” in relation to any person who has been in a civil partnership more than once means the last civil partner;
3
In regulation 4(1)(d)(ii)
(days to be treated as days of increment) M9, after “neither married to,” insert “
or in a civil partnership with,
”
.
Amendment of the Social Security (General Benefit) Regulations 19823
1
The Social Security (General Benefit) Regulations 1982 M10 are amended as follows.
2
In regulation 2(1), (2) and (3)
(exceptions from disqualification for imprisonment etc.) M11, for “wife or husband” substitute “
spouse or civil partner
”
.
Amendment of the Income Support (General) Regulations 19874
1
The Income Support (General) Regulations 1987 M12 are amended as follows.
2
In regulation 42(4)(a)(i)
(notional income) M13, for “widow or widower” substitute “
widow, widower or surviving civil partner
”
.
3
In regulation 51(3)(a)(i)
(notional capital) M14, for “widow or widower” substitute “
widow, widower or surviving civil partner
”
.
Amendment of the Social Security (Claims and Payments) Regulations 19875
1
The Social Security (Claims and Payments) Regulations 1987 M15 are amended as follows.
2
In regulation 6(22)
(date of claim) M16, in the definition of “family” omit “
married or unmarried
”
.
3
In regulation 19(3B)
(time for claiming benefit) M17 after “spouse” insert “
or civil partner
”
.
Amendment of the Housing Benefit (General) Regulations 1987F16
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Amendment of the Council Tax Benefit (General) Regulations 1992F17
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Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 19998
1
The Social Security and Child Support (Decisions and Appeals) Regulations 1999 M18 are amended as follows.
2
In regulation 1(3) (citation, commencement and interpretation)—
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;; and
b
in the definition of “partner”M19, for “a married couple or an unmarried couple” substitute “
a couple
”
.
3
In regulation 5(2)
(date from which a decision revised under section 9 takes effect) M20, in sub-paragraphs (a)(ii), (b) and sub-paragraph (ii) at the end of the paragraph, after “spouse” insert “
or civil partner
”
.
Amendment of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 20019
1
The Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 M23 are amended as follows.
2
In regulation 1(2) (citation, commencement and interpretation)—
a
after the definition of “Council Tax Benefit Regulations” 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;; and
b
in the definition of “partner”, in sub-paragraph (a) for “a married couple or an unmarried couple” substitute “
a couple
”
.
F23
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Amendment of the Social Security (Deferral of Retirement Pensions) Regulations 200510
1
The Social Security (Deferral of Retirement Pensions) Regulations 2005 M24 are amended as follows.
2
In regulation 3(1)(c)
(amount of retirement pension not included in the calculation of the lump sum), after “married to” insert “
or in a civil partnership with,
”
.
Signed by authority of the Secretary of State for Work and Pensions
1992 c. 4. Section 48(1) was amended by paragraph 24 of Schedule 24 to the Civil Partnership Act 2004 (c. 33). Sections 122(1) and 137(1) are cited because of the meaning there given to the word “prescribed”. Section 123(1)(e) was substituted by paragraph 1(1) of Schedule 9 to the Local Government Finance Act 1992 (c. 14). Section 175(1) and (4) was amended by paragraph 29(1) and (4) of Schedule 2 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2). Paragraphs 3B and 7B of Schedule 5 were inserted respectively by paragraphs 9 and 11 of Schedule 11 to the Pensions Act 2004 (c. 35), and were amended by paragraph 5(5) and (12) of the Schedule to S.I. 2005/2053.