The Social Security (Civil Partnership) (Consequential Amendments) Regulations 2005

• Citation: S.I. 2005/2878
• Sections: 10

Section 1 Citation and commencement

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 comes into force).

Section 2 Amendment of the Social Security (Widow's Benefit and Retirement Pensions) Regulations 1979

(1) The Social Security (Widow's Benefit and Retirement Pensions) Regulations 1979 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) , after “neither married to,” insert “ or in a civil partnership with, ” .

Section 3 Amendment of the Social Security (General Benefit) Regulations 1982

(1) The Social Security (General Benefit) Regulations 1982 are amended as follows.

(2) In regulation 2(1), (2) and (3) (exceptions from disqualification for imprisonment etc.) , for “wife or husband” substitute “ spouse or civil partner ” .

Section 4 Amendment of the Income Support (General) Regulations 1987

(1) The Income Support (General) Regulations 1987 are amended as follows.

(2) In regulation 42(4)(a)(i) (notional income) , for “widow or widower” substitute “ widow, widower or surviving civil partner ” .

(3) In regulation 51(3)(a)(i) (notional capital) , for “widow or widower” substitute “ widow, widower or surviving civil partner ” .

Section 5 Amendment of the Social Security (Claims and Payments) Regulations 1987

(1) The Social Security (Claims and Payments) Regulations 1987 are amended as follows.

(2) In regulation 6(22) (date of claim) , in the definition of “family” omit “ married or unmarried ” .

(3) In regulation 19(3B) (time for claiming benefit) after “spouse” insert “ or civil partner ” .

Section 6 Amendment of the Housing Benefit (General) Regulations 1987

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Section 7 Amendment of the Council Tax Benefit (General) Regulations 1992

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Section 8 Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999

(1) The Social Security and Child Support (Decisions and Appeals) Regulations 1999 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” , 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) , in sub-paragraphs (a)(ii), (b) and sub-paragraph (ii) at the end of the paragraph, after “spouse” insert “ or civil partner ” .

(4) In Schedule 3A (date from which superseding decision takes effect where a claimant is in receipt of income support or jobseeker's allowance) , in paragraph 8(e) for “a married or an unmarried couple” substitute “ a couple ” .

Section 9 Amendment of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001

(1) The Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 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 ” .

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Section 10 Amendment of the Social Security (Deferral of Retirement Pensions) Regulations 2005

(1) The Social Security (Deferral of Retirement Pensions) Regulations 2005 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, ” .