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Article 2(3)

SCHEDULE 3Amendment of legislation relating to social security

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

1.  In regulation 3(1) of the Social Security (Benefit) (Married Women and Widows Special Provisions) (Northern Ireland) Regulations 1975(1) (modifications, in relation to widows, of provisions with respect to short-term incapacity benefit and maternity allowance) after “by reason of remarriage” there shall be inserted “, the formation of a civil partnership”.

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

2.  In Schedule 1 to the Social Security (Employed Earners' Employments for Industrial Injuries Purposes) Regulations (Northern Ireland) 1975(2), in paragraph 1 of Part II (employments not to be treated as employed earners' employments for industrial injuries purposes)—

(a)after “spouse” there shall be inserted “or civil partner”;

(b)in sub-paragraph (a), after “spouse's” there shall be inserted “or civil partner's”.

Social Security (Hospital In-Patients) Regulations

3.—(1) The Social Security (Hospital In-Patients) Regulations (Northern Ireland) 1975(3) shall be amended in accordance with sub-paragraphs (2) to (8).

(2) In regulation 2(3)(b) (interpretation), for “husband or wife” there shall be substituted “husband, wife or civil partner”.

(3) In regulation 6(3)(4) (adjustment of personal benefit after 52 weeks in hospital)—

(a)after “who is married” there shall be inserted “or in a civil partnership”;

(b)in sub-paragraph (a), for “husband or wife” there shall be substituted “husband, wife or civil partner”;

(c)in sub-paragraph (b)(i), for “his wife or her husband” there shall be substituted “the beneficiary’s wife, husband or civil partner”.

(4) In regulation 9(ii)(5) (circumstances in which dependency benefit is to be adjusted), for “husband or wife” there shall be substituted “husband, wife or civil partner”.

(5) In regulation 11(6) (adjustment of dependency benefit where dependant is husband or wife of beneficiary and is in hospital), in the heading, for “husband or wife” there shall be substituted “husband, wife or civil partner”.

(6) In regulation 16(1)(7) (adjustment or further adjustment of benefit in certain cases after 52 weeks in hospital), for “wife or husband” (in each place where it occurs) there shall be substituted “wife, husband or civil partner”.

(7) In regulation 19(8) (treatment of age addition), after “nor with a spouse” there shall be inserted “or civil partner”.

(8) In Schedule 1 (beneficiary to be regarded as having a dependant if any of these benefits is or would be payable), in paragraph (c)(9), after “spouse” there shall be inserted “or civil partner”.

Social Security (Credits) Regulations

4.—(1) The Social Security (Credits) Regulations (Northern Ireland) 1975(10) shall be amended in accordance with sub-paragraphs (2) to (4).

(2) In regulation 7A(1)(11) (credits for carer’s allowance), for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”.

(3) In regulation 7C(12) (credits for working tax credit)—

(a)in paragraphs (2)(a) and (3), for “a married or unmarried couple” there shall be substituted “a couple”;

(b)in paragraph (6), for ““married couple” and “unmarried couple” have” there shall be substituted ““couple” has”(13).

(4) In regulation 8C(2)(14) (credits on termination of bereavement benefits), after “remarriage” there shall be inserted “, forming a civil partnership,”.

Social Security (Invalid Care Allowance) Regulations

5.  In regulation 9(3)(c) of the Social Security (Invalid Care Allowance) Regulations (Northern Ireland) 1976(15) (conditions relating to residence and presence in Northern Ireland), after “spouse,” there shall be inserted “civil partner,”.

Social Security Benefit (Dependency) Regulations

6.—(1) The Social Security Benefit (Dependency) Regulations (Northern Ireland) 1977(16) shall be amended in accordance with sub-paragraphs (2) to (7).

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

(a)in the heading(17), after “spouse” there shall be inserted “or civil partner”;

(b)in paragraphs (1) and (2)(18), after “spouse” (in each place where it occurs) there shall be inserted “or civil partner”.

(3) In regulation 4A(19) (circumstances in which a person who is not entitled to child benefit is to be treated as if he were so entitled)—

(a)in paragraph (1)(b), after “spouse” there shall be inserted “or civil partner”;

(b)in paragraph (4)(20), after “spouse” there shall be inserted “or civil partner”.

(4) In regulation 5(5)(21) (contributions towards cost of providing for child)—

(a)after “neither the beneficiary nor his spouse” there shall be inserted “or, as the case may be, his civil partner”;

(b)after “if he has a spouse” and “and his spouse” there shall be inserted “or civil partner”.

(5) In regulation 8(22) (earnings rules for increases for adult dependants)—

(a)in paragraph (1)(23)—

(i)at the end of sub-paragraph (a) “or” shall be inserted,

(ii)at the end of sub-paragraph (b) “or” shall be omitted, and

(iii)sub-paragraph (c) shall be omitted;

(b)after paragraph (1) there shall be inserted the following paragraph—

(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(24) (increase of disablement pension in respect of a spouse or civil partner where beneficiary entitled to unemployability supplement).;

(c)in paragraph (2)(25)—

(i)after “paragraph (1)” there shall be inserted “or (1A)”, and

(ii)after “spouse” (in each place where it occurs) there shall be inserted “or civil partner”;

(d)in paragraph (6) after “spouse” (in each place where it occurs) there shall be inserted “or civil partner”.

(6) In regulation 11 (contribution to maintenance of adult dependant), after paragraph (1) there shall be inserted the following paragraph—

(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 Ac(26)t (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)—

(a)in paragraph 2A(27)—

(i)for sub-paragraph (a) there shall be substituted the following sub-paragraph—

(a)a beneficiary is a member of a couple; and, and

(ii)in sub-paragraph (b) for “person” there shall be substituted “member of the couple”;

(b)in paragraph 2C(28)—

(i)the definition of “unmarried couple” shall be omitted, and

(ii)before the definition of “week”(29) there shall be inserted 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” there shall be inserted “or civil partners”;

(d)in paragraph 7(a)(30), after “a spouse” there shall be inserted “or civil partner”.

Social Security Benefit (Persons Residing Together) Regulations

7.  In regulation 2(2) of the Social Security Benefit (Persons Residing Together) Regulations (Northern Ireland) 1977(31) (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), after “spouses” there shall be inserted “or civil partners”.

Social Security Benefit (Persons Abroad) Regulations

8.—(1) The Social Security Benefit (Persons Abroad) Regulations (Northern Ireland) 1978(32) shall be amended in accordance with sub-paragraphs (2) to (5).

(2) In regulation 2(4)(b)(33) (modification of the Act in relation to incapacity benefit, severe disablement allowance, unemployability supplement and maternity allowance), after “spouse,” there shall be inserted “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)—

(a)in paragraph (2B)(34)—

(i)in sub-paragraph (a)(35)—

(aa)after “deceased spouse” there shall be inserted “or deceased civil partner”,

(bb)after “surviving spouse” there shall be inserted “or surviving civil partner”, and

(cc)after “deceased spouse's” there shall be inserted “or deceased civil partner's”,

(ii)in sub-paragraph (b)—

(aa)after “surviving spouse” there shall be inserted “or surviving civil partner”, and

(bb)after “deceased spouse's” there shall be inserted “or deceased civil partner's”, and

(iii)in sub-paragraph (c), after “surviving spouse” there shall be inserted “or surviving civil partner”;

(b)in paragraph (4)(36)—

(i)after “surviving spouse” (in each place where it occurs) there shall be inserted “or surviving civil partner”, and

(ii)after “former spouse” (in each place where it occurs) there shall be inserted “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)(37)—

(aa)for “a widow or a widower” there shall be substituted “a widow, a widower or a surviving civil partner”, and

(bb)after “former spouse” there shall be inserted “or former civil partner”, and

(ii)in sub-paragraph (d)(38), after “deceased spouse” there shall be inserted “or deceased civil partner”;

(b)in paragraph (5)(39), after “former spouse” (in each place where it occurs) there shall be inserted “or former civil partner”;

(c)in paragraph (6)(40)—

(i)after “spouse” (in each place where it occurs) there shall be inserted “or civil partner”;

(ii)after “were husband and wife” there shall be inserted “or were civil partners”; and

(iii)after “became husband and wife” there shall be inserted “or formed a civil partnership”.

(5) In regulation 14 (modification of the Act in relation to a dependant)—

(a)after “A husband or wife” there shall be inserted “or civil partner”;

(b)after “spouse” (in each place where it occurs) there shall be inserted “or civil partner”;

(c)for “the husband or wife” there shall be substituted “the husband, wife or civil partner”.

Social Security (Overlapping Benefits) Regulations

9.—(1) The Social Security (Overlapping Benefits) Regulations (Northern Ireland) 1979(41) shall be amended in accordance with sub-paragraphs (2) to (4).

(2) In regulation 6(5)(42) (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)—

(a)in sub-paragraph (a), after “surviving spouse” there shall be inserted “or surviving civil partner”;

(b)in sub-paragraph (b)(ii), after “former spouse” there shall be inserted “or former civil partner”.

(3) In regulation 15(4)(a) (priority between persons entitled to increase of benefit), after “spouse” there shall be inserted “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) in paragraph 4(43), after “surviving spouse” there shall be inserted “or surviving civil partner”.

Social Security (Widow’s Benefit and Retirement Pensions) Regulations

10.—(1) The Social Security (Widow’s Benefit and Retirement Pensions) Regulations (Northern Ireland) 1979(44) shall be amended in accordance with sub-paragraphs (2) to (5).

(2) In regulation 7A(45) (Category B retirement pension for surviving spouses by virtue of deceased spouse’s contributions)—

(a)in the heading—

(i)after “surviving spouses” there shall be inserted “and surviving civil partners”; and

(ii)after “deceased spouse's” there shall be inserted “or deceased civil partner's”;

(b)in paragraph (2)(e), after “remarried” there shall be inserted “or formed a civil partnership”;

(c)in paragraph (3)(a), after “spouse” there shall be inserted “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, after “former spouse's” there shall be inserted “or former civil partner's”;

(b)in paragraph (1)—

(i)in sub-paragraph (a), after “did not remarry” there shall be inserted “or, as the case may be, form a civil partnership”,

(ii)after sub-paragraph (a), there shall be inserted 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)(46)—

(aa)after “attaining pensionable age” there shall be inserted “or whose civil partner died on or after the date on which the man or woman had attained that age”, and

(bb)after “former spouse” there shall be inserted “or former civil partner”, and

(iv)in sub-paragraph (c)—

(aa)after “last marriage” there shall be inserted “or last civil partnership”, and

(bb)after “his spouse” there shall be inserted “or, as the case may be, his civil partner”;

(c)in paragraph (2)—

(i)after “marriage” there shall be inserted “or civil partnership”, and

(ii)after “former spouse” there shall be inserted “or former civil partner”;

(d)in paragraph (3)—

(i)after “former spouse” there shall be inserted “or former civil partner”, and

(ii)after “marriage” there shall be inserted “or civil partnership”;

(e)in paragraph (6) after “his spouse's” there shall be inserted “or his civil partner's”.

(4) In regulation 16ZA(47) (provision in relation to entitlement to child benefit for the purposes of a widowed parent’s allowance)—

(a)in paragraph (1)—

(i)after “(“the surviving spouse”)” there shall be inserted “or whose civil partner has died (“surviving civil partner”)”, and

(ii)in sub-paragraph (b), after “the surviving spouse” there shall be inserted “or surviving civil partner”;

(b)in paragraph (2)—

(i)after “a surviving spouse” there shall be inserted “or surviving civil partner”,

(ii)after “more than once married” there shall be inserted “, has formed more than one civil partnership, or who has been both married and formed a civil partnership”,

(iii)after “with the deceased spouse” there shall be inserted “or, as the case may be, the deceased civil partner”,

(iv)after “Act, the deceased spouse” there shall be inserted “or deceased civil partner”,

(v)in sub-paragraph (a)—

(aa)after “previous spouse” there shall be inserted “or civil partner”,

(bb)after “surviving spouse” there shall be inserted “or surviving civil partner”,

(cc)after “marriage” there shall be inserted “or, as the case may be, by the formation of a civil partnership”, and

(dd)after “that previous spouse's” there shall be inserted “or previous civil partner's”, and

(vi)in sub-paragraph (b)—

(aa)after “surviving spouse” there shall be inserted “or surviving civil partner”, and

(bb)after “deceased spouse” there shall be inserted “or deceased 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, after “former spouse's” there shall be inserted “or former civil partner's”;

(b)in paragraph 1—

(i)after “the former spouse's” (in each place where it occurs) there shall be inserted “or former civil partner's”, and

(ii)after “the marriage” (in each place where it occurs) there shall be inserted “or, as the case may be, the civil partnership”;

(c)in paragraph 2 after “marriage” (in each place where it occurs) there shall be inserted “or civil partnership”;

(d)in paragraph 3—

(i)after “in which the marriage took place” (in each place where it occurs) there shall be inserted “or the civil partnership was formed”, and

(ii)for “in which the marriage terminated” (in each place where it occurs) there shall be substituted “in which the marriage or civil partnership terminated”.

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

11.  In regulation 12 of the Social Security (Widow’s Benefit, Retirement Pensions and Other Benefits) (Transitional) Regulations (Northern Ireland) 1979(48) (provision relating to increase of retirement pension where pensioner’s deceased spouse had deferred retirement)—

(a)in the heading, after “deceased spouse” there shall be inserted “or deceased civil partner”;

(b)after “deceased spouse” (in each place where it occurs) there shall be inserted “or deceased civil partner”;

(c)after “whose spouse dies on or after 6th April 1979” there shall be inserted “or whose civil partner dies on or after 5th December 2005”;

(d)for “that date” there shall be substituted “6th April 1979”.

Income Support (General) Regulations

12.—(1) The Income Support (General) Regulations (Northern Ireland) 1987(49) shall be amended in accordance with sub-paragraphs (2) to (9).

(2) In regulation 2(1) (interpretation)—

(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” there shall be substituted “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” there shall be substituted 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 “war widower’s pension”(50)—

(i)after “any widower's” there shall be inserted “or surviving civil partner's”,

(ii)after “for a widower” there shall be inserted “or surviving civil partner”.

(3) In regulation 21(3) (special cases), in paragraph (c) of the definition of “partner of a person subject to immigration control”(51) for “his” there shall be substituted “the member's”.

(4) In regulation 54 (interpretation: chapter VII)—

(a)in paragraph (a) of the definition of “liable relative” for “or former spouse” there shall be substituted “, former spouse, civil partner or former civil partner”;

(b)in the definition of “payment”(52), after paragraph (a)(ii) there shall be inserted—

or

(iii)any proceedings for separation, dissolution or nullity in relation to a civil partnership;.

(5) In regulation 61(1)(53) (interpretation: Chapter VIII), in the definition of “contribution”(54), after “the holder’s spouse” there shall be inserted “or civil partner”.

(6) In Schedule 1B(55) (prescribed categories of person), in paragraph 16A(56) (certain persons aged between 55 and 60 whose spouse has died)—

(a)in the heading, after “spouse” there shall be inserted “or civil partner”;

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

(7) In Schedule 2 (applicable amounts), in paragraph 8A(1)(b)(57) (bereavement premium), after “9th April 2001” there shall be inserted “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)(58), for “widow or widower” there shall be substituted “surviving spouse or surviving civil partner”;

(b)in paragraph 39(59)—

(i)in sub-paragraph (2)(a), after “estranged or divorced” there shall be inserted “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)(60), after “estranged or divorced” there shall be inserted “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” there shall be inserted “or with whom he has formed a civil partnership that has not been dissolved”, and

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

(c)in paragraph 54(61), for “widows or widowers” there shall be substituted “surviving spouses and surviving civil partners”;

(d)in paragraph 55(62), for “widows or widowers” there shall be substituted “surviving spouses and surviving civil partners”;

(e)in paragraph 56(1)(63)—

(i)in head (a), for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”, and

(ii)in head (b), for “widows or widowers” there shall be substituted “surviving spouses and surviving civil partners”.

(9) In Schedule 10 (capital to be disregarded)—

(a)in paragraph 4(b)(64), after “estranged or divorced” there shall be inserted “or with whom he formed a civil partnership that has been dissolved”;

(b)in paragraph 22(65)—

(i)in sub-paragraph (2)(a), after “estranged or divorced” there shall be inserted “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)(66), after “estranged or divorced” there shall be inserted “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” there shall be inserted “or with whom he has formed a civil partnership that has not been dissolved”, and

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

(c)in paragraph 25(67), after “estrangement or divorce from” there shall be inserted “or dissolution of his civil partnership with”;

(d)in paragraph 57(c) and (d)(68), after “deceased spouse” there shall be inserted “or deceased civil partner”;

(e)in paragraph 61(69), after “deceased spouse” (in each place where it occurs) there shall be inserted “or deceased civil partner”.

Housing Benefit (General) Regulations

13.—(1) The Housing Benefit (General) Regulations (Northern Ireland) 1987(70) shall be amended in accordance with sub-paragraphs (2) to (10).

(2) In regulation 2(1) (interpretation)—

(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” there shall be substituted “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” there shall be substituted 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)the definitions of “married couple” and “unmarried couple” shall be omitted;

(d)in the definition of “partner”, in paragraph (a), for “a married or unmarried couple” there shall be substituted “a couple”;

(e)in the definition of “war widower’s pension”(71)—

(i)after “any widower's” there shall be inserted “or surviving civil partner's”,

(ii)after “for a widower” there shall be inserted “or surviving civil partner”.

(3) In regulation 5(5)(b)(72) (circumstances in which a person is or is not to be treated as occupying a dwelling as his home), for “a married or unmarried couple” there shall be substituted “a couple”.

(4) In regulation 46(1) (interpretation: part VII), in the definition of “contribution”(73), after “spouse” there shall be inserted “or civil partner”.

(5) In regulation 63(3)(74), (4) and (5) (non-dependant deductions), for “a married or unmarried couple” there shall be substituted “a couple”.

(6) In regulation 71(1)(75) (who may claim), for “a married or unmarried couple” there shall be substituted “a couple”.

(7) In Schedule 1A(76) (decisions of rent payable), in paragraph 9(a) (size criteria), for “a married or an unmarried couple” there shall be substituted “a couple”.

(8) In Schedule 2 (applicable amounts), in paragraph 8A(1)(b)(77), after “on or after 9th April 2001” there shall be inserted “or of a civil partner who died on or after 5th December 2005”.

(9) In Schedule 4 (sums to be disregarded in the calculation of income other than earnings)—

(a)in paragraph 13(c)(78) for “widow or widower” there shall be substituted “surviving spouse or surviving civil partner”;

(b)in paragraph 37(79)—

(i)in sub-paragraph (2)(a), after “estranged or divorced” there shall be inserted “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)(80), after “estranged or divorced” there shall be inserted “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” there shall be inserted “or with whom he has formed a civil partnership that has not been dissolved”, and

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

(c)in paragraph 56(81), for “widows or widowers” there shall be substituted “surviving spouses and surviving civil partners”;

(d)in paragraph 57(82), for “widows or widowers” there shall be substituted “surviving spouses and surviving civil partners”;

(e)in paragraph 58(1)(83)—

(i)in head (a), for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”, and

(ii)in head (b), for “widows or widowers” there shall be substituted “surviving spouses and surviving civil partners”.

(10) In Schedule 5 (capital to be disregarded)—

(a)in paragraph 4(b)(84), after “estranged or divorced” there shall be inserted “or with whom he had formed a civil partnership that has been dissolved”;

(b)in paragraph 23(85)—

(i)in sub-paragraph (2)(a), after “estranged or divorced” there shall be inserted “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)(86), after “estranged or divorced” there shall be inserted “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” there shall be inserted “or with whom he has formed a civil partnership that has not been dissolved”, and

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

(c)in paragraph 24(87), after “or divorce from” there shall be inserted “, or dissolution of his civil partnership with,”;

(d)in paragraph 59(c) and (d)(88), after “deceased spouse” there shall be inserted “or deceased civil partner”;

(e)in paragraph 63(89), after “deceased spouse” (in each place where it occurs) there shall be inserted “or deceased civil partner”.

14.—(1) The Housing Benefit (General) Regulations (Northern Ireland) 1987, as modified in their application to persons to whom regulation 2(1) of the Housing Benefit (State Pension Credit) Regulations (Northern Ireland) 2003(90) applies, shall be amended in accordance with sub-paragraphs (2) to (4).

(2) In regulation 25(1)(k) (meaning of “income”), for “by his spouse or former spouse or towards the maintenance of the claimant’s partner by his spouse or former spouse, ” there shall be substituted “by his spouse, civil partner, former spouse or former civil partner or towards the maintenance of the claimant’s partner by his spouse, civil partner, former spouse or former civil partner,”.

(3) In Schedule 4A(91) (amounts to be disregarded in the calculation of income other than earnings)—

(a)in paragraph 1(c), for “widow or widower” there shall be substituted “surviving spouse or surviving civil partner”;

(b)in paragraph 5, for “widows or widowers” there shall be substituted “surviving spouses and surviving civil partners”;

(c)in paragraph 6, for “widows or widowers” there shall be substituted “surviving spouses and surviving civil partners”;

(d)in paragraph 7(1)—

(i)in head (a), for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”, and

(ii)in head (b), for “widows or widowers” there shall be substituted “surviving spouses and surviving civil partners”;

(e)in paragraph 14, after “spouse” there shall be inserted “or civil partner”;

(f)in paragraph 21(1), for “by the claimant’s spouse or former spouse, or the claimant’s partner’s spouse or former spouse” there shall be substituted “by the claimant’s spouse, civil partner, former spouse or former civil partner or the claimant’s partner’s spouse, civil partner, former spouse, or former civil partner”.

(4) In Part 1 of Schedule 5ZA(92) (capital to be disregarded)—

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

(b)in paragraph 6(93), after “from his former partner” there shall be inserted “or the dissolution of a civil partnership with his former partner”;

(c)in paragraph 13(c) and (d), after “deceased spouse” there shall be inserted “or deceased civil partner”;

(d)in paragraph 15, after “deceased spouse” (in each place where it occurs) there shall be inserted “or deceased civil partner”;

(e)in paragraph 16—

(i)in sub-paragraph (2), after “estranged or divorced” there shall be inserted “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” there shall be inserted “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” there shall be inserted “or with whom he has formed a civil partnership that has not been dissolved”, and

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

Social Security (Claims and Payments) Regulations

15.—(1) The Social Security (Claims and Payments) Regulations (Northern Ireland) 1987(94) shall be amended in accordance with sub-paragraphs (2) to (8).

(2) In regulation 2 (interpretation)—

(a)after the definition of “claim for benefit” there shall be inserted 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)the definitions of “married couple” and “unmarried couple” shall be omitted;

(c)in the definition of “partner”, for “a married or unmarried couple” there shall be substituted “a couple”.

(3) In regulation 4(3)(95), (3B)(a)(96), (3C)(97) and (4) (making a claim for benefit), for “a married or unmarried couple” there shall be substituted “a couple”.

(4) In regulation 4C(7) and (8)(98) (making a claim for state pension credit), for “married or unmarried couple” there shall be substituted “couple”.

(5) In regulation 6(31)(99) (date of claim), after “spouse” (in each place where it occurs) there shall be inserted “or civil partner”.

(6) In regulation 15(6)(100) (advance notice of retirement and claim for and award of pension), after “the spouse” (in each place where it occurs) there shall be inserted “or civil partner”.

(7) In regulation 17(1A)(101) (duration of awards), for “a married or unmarried couple” there shall be substituted “a couple”.

(8) In regulation 35(2)(a)(102) (payment to a partner as alternative payee), for “of a married or unmarried” there shall be substituted “member of a”.

Housing Benefit (Supply of Information) Regulations

16.  In regulation 1(2) of the Housing Benefit (Supply of Information) Regulations (Northern Ireland) 1988(103) (interpretation)—

(a)after the definition of “claimant” there shall be inserted—

“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” there shall be substituted “a couple”.

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

17.  In regulation 17 of the Social Security (Payments on account, Overpayments and Recovery) Regulations (Northern Ireland) 1988(104) (recovery from couples), for “a married or unmarried couple” (in each place where it occurs) there shall be substituted “a couple”.

Social Security (Attendance Allowance) Regulations

18.  In regulation 2(2)(c) of the Social Security (Attendance Allowance) Regulations (Northern Ireland) 1992(105) (conditions as to residence and presence in Northern Ireland), after “spouse,” there shall be inserted “civil partner,”.

Social Security (Disability Living Allowance) Regulations

19.  In regulation 2(2)(c) of the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992(106) (conditions as to residence and presence in Northern Ireland), after “spouse,” there shall be inserted “civil partner,”.

Social Security (Incapacity Benefit) Regulations

20.  In regulation 15(4)(a) of the Social Security (Incapacity Benefit) Regulations (Northern Ireland) 1994(107) (conditions relating to residence or presence), after “spouse,” there shall be inserted “civil partner,”.

Social Security (Incapacity Benefit – Increases for Dependants) Regulations

21.—(1) The Social Security (Incapacity Benefit – Increases for Dependants) Regulations (Northern Ireland) 1994(108) shall be amended in accordance with sub-paragraphs (2) to (5).

(2) In regulation 3(109) (allocation of contributions for a spouse)—

(a)in the heading, after “spouse” there shall be added “or civil partner”;

(b)after “spouse” (in each place where it occurs) there shall be inserted “or civil partner”.

(3) In regulation 9(1)(110) (increase of incapacity benefit for adult dependants and persons having the care of children)—

(a)in sub-paragraph (a), after “spouse” (in each place where it occurs) there shall be inserted “or civil partner”;

(b)in sub-paragraph (b), after “spouse” there shall be inserted “or civil partner”.

(4) In regulation 12(1) (contribution to maintenance of adult dependant)—

(a)in sub-paragraph (a)—

(i)after “his spouse” there shall be inserted “or civil partner”, and

(ii)after “that spouse's” there shall be inserted “, civil partner's”;

(b)in sub-paragraph (b), after “the spouse” there shall be inserted “, civil partner”.

(5) In regulation 14(1) (disqualification for receipt of increases in cases of imprisonment and absence abroad), after “the spouse” there shall be inserted “or civil partner”.

Social Security (Incapacity for Work) (General) Regulations

22.  In regulation 2(1) of the Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995(111) (interpretation)—

(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” there shall be substituted “or if any of the preceding persons is one member of a couple, the other member of that couple”;

(b)after the definition of “confinement” there shall be inserted 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”(112), for “a spouse or, in the case of an unmarried couple, the other member of that couple” there shall be substituted “the other member of a couple”.

Jobseeker’s Allowance Regulations

23.—(1) The Jobseeker’s Allowance Regulations (Northern Ireland) 1996(113) shall be amended in accordance with sub-paragraphs (2) to (13).

(2) In regulation 1(2) (interpretation)—

(a)in the definition of “close relative”(114), 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” there shall be substituted “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” there shall be substituted 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” there shall be substituted “a couple”;

(d)in the definition of “war widower’s pension”(115), after “to a man as a widower” there shall be inserted “or to a surviving civil partner”.

(3) In regulation 4 (interpretation of Parts II, IV and V), in the definition of “close relative”(116)—

(a)for “a spouse or other member of an unmarried couple” there shall be substituted “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” there shall be substituted “or if any of the preceding persons is one member of a couple, the other member of that couple”.

(4) In regulation 57(2)(a) (interpretation of Part IV)—

(a)after “of a married couple” there shall be inserted “or of a civil partnership”;

(b)after “that couple” there shall be inserted “or civil partnership”.

(5) In regulation 85(4) (special cases), in the definition of “partner of a person subject to immigration control”(117), in paragraph (c) for “his” there shall be substituted “the member's”.

(6) In regulation 117 (interpretation: Chapter VII)—

(a)in the definition of “liable relative”, in paragraph (a), for “or former spouse” there shall be substituted “, former spouse, civil partner or former civil partner”;

(b)in the definition of “payment”, after paragraph (a)(ii) there shall be inserted—

or

(iii)any proceedings for separation, dissolution or nullity in relation to a civil partnership;.

(7) In regulation 130 (interpretation: Chapter IX), in the definition of “contribution”(118), after “holders spouse” there shall be inserted “or civil partner”.

(8) In regulation 140(1) (meaning of “person in hardship”)—

(a)in sub-paragraph (c)(119)—

(i)for “a married or unmarried couple” there shall be substituted “a couple”, and

(ii)for head (i) there shall be substituted the following head—

(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” there shall be substituted “a couple”.

(9) In regulation 146A(1)(a)(120) (meaning of “couple in hardship”), for “the woman member of the joint-claim couple is pregnant” there shall be substituted “at least one member of the joint-claim couple is a woman who is pregnant”.

(10) In regulation 167(1) (recovery orders), after “claimant’s spouse” there shall be inserted “or civil partner”.

(11) In Schedule 1 (applicable amounts)—

(a)in column (1) in paragraph 1(3)(a)(iv) and (iva)(121), after “married” there shall be inserted “or civil partners”;

(b)in paragraph 9A(1)(b)(122) (bereavement premium), after “9th April 2001” there shall be inserted “or of a civil partner who died on or after 5th December 2005”.

(12) In Schedule 6 (sums to be disregarded in the calculation of income other than earnings)—

(a)in paragraph 17(c)(123), for “widow or widower” there shall be substituted “surviving spouse or surviving civil partner”;

(b)in paragraph 41—

(i)in sub-paragraph (2)(a), after “estranged or divorced” there shall be inserted “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” there shall be inserted “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” there shall be inserted “or with whom he has formed a civil partnership that has not been dissolved”, and

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

(c)in paragraph 53(124), for “widows or widowers” there shall be substituted “surviving spouses and surviving civil partners”;

(d)in paragraph 54(125), for “widows or widowers” there shall be substituted “surviving spouses and surviving civil partners”;

(e)in paragraph 55(1)(126)—

(i)in head (a), for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”, and

(ii)in head (b), for “widows or widowers” there shall be substituted “surviving spouses and surviving civil partners”.

(13) In Schedule 7 (capital to be disregarded)—

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

(b)in paragraph 5(127), after “estrangement or divorce from” there shall be inserted “or dissolution of a civil partnership with”;

(c)in paragraph 27—

(i)in sub-paragraph (2)(a), after “estranged or divorced” there shall be inserted “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” there shall be inserted “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” there shall be inserted “or with whom he has formed a civil partnership that has not been dissolved”, and

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

(d)in paragraph 51(c) and (d)(128), after “deceased spouse” there shall be inserted “or deceased civil partner”;

(e)in paragraph 54(129), after “deceased spouse” (in each place where it occurs) there shall be inserted “or deceased civil partner”.

Social Security Benefits (Maintenance Payments and Consequential Amendments) Regulations

24.  In regulation 2(b) of the Social Security Benefits (Maintenance Payments and Consequential Amendments) Regulations (Northern Ireland) 1996(130) (interpretation for the purposes of section 72A of the Act), after “spouse” there shall be inserted “or civil partner”.

Social Security (Child Maintenance Bonus) Regulations

25.—(1) The Social Security (Child Maintenance Bonus) Regulations (Northern Ireland) 1996(131) shall be amended in accordance with sub-paragraphs (2) and (3).

(2) In regulation 1(2) (interpretation)—

(a)for the definition of “couple” there shall be substituted 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” there shall be substituted “a couple”.

(3) In regulation 7(2)(132) (death of a person with care of a child) 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” there shall be substituted “or if any of the preceding persons is one member of a couple, the other member of that couple”.

Social Fund Winter Fuel Payment Regulations

26.  In regulation 1(2) of the Social Fund Winter Fuel Payment Regulations (Northern Ireland) 2000(133) (interpretation)—

(a)before the definition of “free in-patient treatment” there shall be inserted 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” there shall be substituted “a couple”.

Social Security (Claims and Information) Regulations

27.  In regulation 13(4) of the Social Security (Claims and Information) Regulations (Northern Ireland) 2001(134) (partners of claimants)—

(a)for “a married or unmarried couple” there shall be substituted “a couple”;

(b)after “also a member” there shall be inserted “, and “couple” has the same meaning as in regulation 1(2) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996”(135).

Social Security (Loss of Benefit) Regulations

28.—(1) The Social Security (Loss of Benefit) Regulations (Northern Ireland) 2002(136) shall be amended in accordance with sub-paragraphs (2) and (3).

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

(a)in sub-paragraph (c)—

(i)for “a married or unmarried couple” there shall be substituted “a couple”, and

(ii)for head (i) there shall be substituted the following head—

(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” there shall be substituted “a couple”.

(3) In regulation 11(2)(a) (application of Part and meaning of “couple in hardship”) for “the woman member of the joint-claim couple is pregnant” there shall be substituted “at least one member of the joint-claim couple is a woman who is pregnant”.

Tax Credits (Appeals) Regulations

29.—(1) The Tax Credits (Appeals) Regulations (Northern Ireland) 2002(137) shall be amended in accordance with sub-paragraphs (2) and (3).

(2) In regulation 1(3) (interpretation)—

(a)after the definition of “clerk to the appeal tribunal” there shall be inserted 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)for the definition of “partner” there shall be substituted the following definition—

“partner” means the other member of a couple;.

(3) In regulation 9(2)(b) (composition of appeal tribunals), for “a married or unmarried couple” there shall be substituted “a couple”.

State Pension Credit Regulations

30.—(1) The State Pension Credit Regulations (Northern Ireland) 2003(138) shall be amended in accordance with sub-paragraphs (2) to (6).

(2) In regulation 1—

(a)in paragraph (2) (interpretation)—

(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” there shall be substituted “or if any of the preceding persons is one member of a couple, the other member of that couple”, and

(ii)after the definition of “the Computation of Earnings Regulations”(139) there shall be inserted 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” there shall be substituted “a couple”.

(3) In regulation 15(5)(d) (income for the purposes of the Act), for “or former spouse” (in each place where it occurs) there shall be substituted “, civil partner, former spouse or former civil partner”.

(4) In Schedule 4 (amounts to be disregarded in the calculation of income other than earnings)—

(a)in paragraph 1(c)(140), for “widow or widower” there shall be substituted “surviving spouse or surviving civil partner”;

(b)in paragraph 4(141), for “widows or widowers” there shall be substituted “surviving spouses and surviving civil partners”;

(c)in paragraph 5(142), for “widows or widowers” there shall be substituted “surviving spouses and surviving civil partners”;

(d)in paragraph 6(1)(143)—

(i)in head (a), for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”, and

(ii)in head (b), for “widows and widowers” there shall be substituted “surviving spouses and surviving civil partners”;

(e)in paragraph 12, after “spouse” there shall be inserted “or civil partner”.

(5) In Schedule 5 (income from capital)—

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

(b)in paragraph 6(1), after “estrangement or divorce from” there shall be inserted “, or dissolution of his civil partnership with,”;

(c)in paragraph 12(c) and (d), after “deceased spouse” there shall be inserted “or deceased civil partner”;

(d)in paragraph 14, after “deceased spouse” (in each place where it occurs) there shall be inserted “or deceased civil partner”;

(e)in paragraph 15—

(i)in sub-paragraph (2), after “estranged or divorced” there shall be inserted “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” there shall be inserted “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” there shall be inserted “or with whom he has formed a civil partnership that has not been dissolved”, and

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

(6) In Schedule 6 (sums disregarded from claimant’s earnings), in paragraph 4A(1)(b)(144), for “married or unmarried couples” there shall be substituted “couples”.

Social Security (Work-focused Interviews for Partners) Regulations

31.  In regulation 1(2) of the Social Security (Work-focused Interviews for Partners) Regulations (Northern Ireland) 2003(145) (interpretation), after the definition of “claimant” there shall be inserted 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;..

(1)

S.R. 1975 No. 19; regulation 3(1) was amended by regulation 3(1) of S.R. 1978 No. 102, regulation 2(a) of S.R. 1995 No. 150 and regulation 2(a) of S.R. 1996 No. 289

(2)

S.R. 1975 No. 90; to which there are amendments not relevant to this Order

(3)

S.R. 1975 No. 109; relevant amending regulations are S.R. 1977 No. 316, S.R. 1987 Nos. 12 and 391 and S.R. 2003 No. 261

(4)

Paragraph (3) was substituted by regulation 3(2) of S.R. 1977 No. 316 and amended by regulation 2(6)(d) of S.R. 1987 No. 391

(5)

Regulation 9 was substituted by regulation 4 of S.R. 1977 No. 316 and amended by regulation 2(7) of S.R. 2003 No. 261

(6)

Regulation 11 was substituted by regulation 4 of S.R. 1977 No. 316

(7)

Regulation 16(1) was amended by regulation 5(3)(b) of S.R. 1977 No. 316 and regulation 2(12)(a) of S.R. 1987 No. 391

(8)

Regulation 19 was amended by regulation 2(6) of S.R. 1987 No. 12

(9)

Paragraph (c) was substituted by regulation 2(7)(b) of S.R. 1987 No. 12

(11)

Regulation 7A was inserted by regulation 19 of S.R. 1976 No. 99 and paragraph (1) was amended by regulation 6(a) of S.R. 1987 No. 153, regulation 2(5)(c) of S.R. 1988 No. 326, regulation 3(5) of S.R. 2001 No. 108 and paragraph 1 of the Schedule to S.R. 2002 No. 323

(12)

Regulation 7C was inserted by regulation 2 of S.R. 1995 No. 479 and paragraph (3) was amended by Schedule 4 to S.R. 2003 No. 195

(13)

Paragraph 99(3) of Schedule 24 to the Civil Partnership Act 2004 (c. 33) inserts a definition of “couple” into section 133 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)

(14)

Regulation 8C was inserted by regulation 3(7) of S.R. 2001 No. 108

(15)

S.R. 1976 No. 99; regulation 9(3) was substituted by regulation 17(2) of S.R. 1977 No. 73

(17)

The heading to regulation 3 was amended by regulation 2(2) of S.R. 1983 No. 193 and regulation 2(2)(a)(i) S.R. 2003 No. 213

(18)

Paragraph (1) was amended by regulation 2(3) of S.R. 1983 No. 193, regulation 3(a) of S.R. 1984 No. 382, regulation 2(2) of S.R. 1985 No. 229, regulation 15(3)(a) of S.R. 1994 No. 485, regulation 5(3)(a) of S.R. 1996 No. 289 and regulation 2(2)(a)(ii) of S.R. 2003 No. 213; paragraph (2) was amended by regulation 2(4) of S.R. 1983 No. 193

(19)

Regulation 4A was inserted by regulation 2 of S.R. 1980 No. 144

(20)

Paragraph (4) was amended by regulation 2(3) of S.R. 1984 No. 373

(21)

Paragraph (5) was added by regulation 2 of S.R. 1977 No. 90

(22)

Regulation 8 was substituted by regulation 2(3) of S.R. 1992 No. 521

(23)

Paragraph (1) was amended by regulation 15(4) of SR 1994 No. 485

(24)

Paragraph 6(1) is amended by paragraph 105(4)(a) of Schedule 24 to the Civil Partnership Act 2004

(25)

Paragraph (2) was amended by regulation 5(4)(a) of SR 1996 No. 289

(26)

Section 82 was amended by paragraph 7 of Schedule 2 and Schedule 3 to the Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15)) and is amended by paragraph 89 of Schedule 24 to the Civil Partnership Act 2004 and paragraph 31 of Schedule 1 to the Child Benefit Act 2005 (c. 6)

(27)

Paragraph 2A was inserted by regulation 3(c) of S.R. 1984 No. 382

(28)

Paragraph 2C was inserted by regulation 3(c) of S.R. 1984 No. 382

(29)

The definition of “week” was substituted by regulation17(b) of SR 1996 No.520

(30)

Paragraph 7(a) was substituted by regulation 5(a) of S.R. 1988 No. 138

(31)

S.R. 1977 No. 166; regulation 2(2) was substituted by regulation 9 of S.R. 1983 No. 36 and amended by regulation 11 of, and Schedule 2 to, S.R. 1984 No. 317, regulation 8 of S.R. 1995 No. 150 and regulation 6 of S.R. 1996 No. 289

(33)

Paragraph (5) was added by regulation 2(4) of S.R. 1994 No. 45 and renumbered as paragraph (4) by regulation 2 of S.R. 1994 No. 269

(34)

Paragraph (2B) was inserted by regulation 6(3)(b) of S.R. 2001 No. 108

(35)

Sub-paragraph (a) was substituted by regulation 3 of S.R. 2001 No. 287

(36)

Paragraph (4) was inserted by regulation 3(b) of S.R. 1979 No. 392 and amended by Article 19(1)(b) of the Social Security (Northern Ireland) Order 1986 (S.I. 1986/1888 (N.I. 18))

(37)

Sub-paragraph (b) was substituted by regulation 4(3) of S.R. 1979 No. 392

(38)

Sub-paragraph (d) was amended by regulation 6(3)(a)(iii) of S.R 1989 No. 373 and regulation 6(4) of S.R. 2001 No. 108

(39)

Paragraph (5) was substituted by regulation 4(5) of S.R. 1979 No. 392 and amended by regulation 6(3)(c) of S.R. 1989 No. 373 and regulation 3(2) of S.R. 1994 No. 269

(40)

Paragraph (6) was substituted by regulation 4(6) of S.R. 1979 No. 392 and amended by regulation 6(3)(d) of S.R. 1989 No. 373

(41)

S.R. 1979 No. 242; relevant amending instruments are S.R. 1983 No. 36, S.I. 1986/1888 (N.I. 18) and S.R. 1995 No. 150

(42)

Paragraph (5) was amended by Article 19(1)(a) of the Social Security (Northern Ireland) Order 1986 and regulation 14(4)(a) of S.R. 1995 No. 150

(43)

Paragraph 4 was amended by regulation 12(3)(a) of S.R. 1983 No. 36

(44)

S.R. 1979 No. 243; relevant amending Regulations are S.R. 2001 Nos. 108 and 148

(45)

Regulation 7A was inserted by regulation 8(4) of S.R. 2001 No. 108

(46)

Sub-paragraph (b) was substituted by regulation 8(5) of S.R. 2001 No. 108

(47)

Regulation 16ZA was inserted by regulation 2(2) of S.R. 2001 No. 148

(48)

S.R. 1979 No. 244; regulation 12 was amended by regulation 9(2) of S.R. 1989 No. 373

(50)

The definition of “war widower’s pension” was inserted by regulation 2(2) of S.R. 2002 No. 128

(51)

The definition of “partner of a person subject to immigration control” was substituted by regulation 5(4)(a) of S.R. 2000 No. 71

(52)

The definition of “payment” was amended by regulation 24 of S.R. 1988 No. 146

(53)

Regulation 61 was renumbered as regulation 61(1) by regulation 3(3) of S.R. 2000 No. 241

(54)

The definition of “contribution” was substituted by regulation 5(8)(a) of S.R. 1996 No. 405 and amended by regulation 3(2)(d) of S.R. 1998 No. 81, regulation 3(2)(a) of S.R. 1999 No. 317 and regulation 2(1)(c) of S.R. 2001 No. 278

(55)

Schedule 1B was inserted by regulation 22 of S.R. 1996 No. 199

(56)

Paragraph 16A was inserted by regulation 2(2) of S.R. 2000 No. 260 for the period from 9th April 2001 to 9th April 2006 only

(57)

Paragraph 8A was inserted by regulation 2(3)(b) of S.R. 2000 No. 260 for the period from 9th April 2001 to 9th April 2006 only

(58)

Paragraph 16 was substituted by regulation 5(3) of S.R. 1995 No. 410 and sub-paragraph (1) was amended by regulation 2(5)(b) of S.R. 2002 No. 128

(59)

Paragraph 39 was substituted by regulation 4(7)(b) of S.R. 1991 No. 204

(60)

Sub-paragraph (3) was amended by regulation 5(7)(b)(iii) of S.R. 1992 No. 201

(61)

Paragraph 54 was added by regulation 2(10)(b) of S.R. 1994 No. 327 and amended by regulation 2(5)(c) of S.R. 2002 No. 128

(62)

Paragraph 55 was added by regulation 2(10)(b) of S.R. 1994 No. 327 and amended by regulation 2(5)(c) of S.R. 2002 No. 128

(63)

Paragraph 56(1) was added by regulation 2(10)(b) of S.R. 1994 No. 327 and amended by regulation 2(5)(d) and (e) of S.R. 2002 No. 128

(64)

Paragraph 4(b) was amended by regulation 3(a) of S.R. 1988 No. 193

(65)

Paragraph 22 was substituted by regulation 4(8)(a) of S.R. 1991 No. 204

(66)

Sub-paragraph (3) was amended by regulation 5(8)(a)(iii) of S.R. 1992 No. 201

(67)

Paragraph 25 was added by regulation 3(b) of S.R. 1988 No. 193 and amended by regulation 2(3)(a) of S.R. 2003 No. 154

(68)

Paragraph 57 was added by regulation 2(a) of S.R. 2001 No. 4

(69)

Paragraph 61 was added by regulation 2(a) of S.R. 2001 No. 392

(71)

The definition of “war widower’s pension” was inserted by regulation 3(2) of S.R. 2002 No. 128

(72)

Paragraph (5)(b) was amended by regulation 2 of S.R. 1992 No. 549

(73)

The definition of “contribution” was substituted by regulation 4(4)(a) of S.R. 1996 No. 405 and amended by regulation 3(1) and (2)(c) of S.R. 1998 No. 81, regulation 4(2)(a) of S.R. 1999 No. 317 and regulation 2(1)(c) of S.R. 2001 No. 278

(74)

Paragraph (3) was amended by regulation 9 of S.R. 1993 No. 145

(75)

Paragraph (1) was amended by regulation 3(1) of, and Schedule 1 to, S.R. 2001 No. 215

(76)

Schedule 1A was inserted by Schedule 1 to S.R. 1996 No. 111

(77)

Paragraph 8A was inserted by regulation 4(2)(b) of S.R. 2000 No. 260 for the period 9th April 2001 to 9th April 2006 only

(78)

Paragraph 13 was substituted by regulation 4(2)(a) of S.R. 1995 No. 410 and sub-paragraph (c) was amended by regulation 2 of S.R. 1995 No. 481 and regulation 3(3)(b) of S.R. 2002 No. 128

(79)

Paragraph 37 was substituted by regulation 3(7) of S.R. 1991 No. 204

(80)

Sub-paragraph (3) was amended by regulation 4(7)(c)(i) of S.R. 1992 No. 201

(81)

Paragraph 56 was added by regulation 12(b) of S.R. 1994 No. 335 and amended by regulation 3(3)(c) of S.R. 2002 No. 128

(82)

Paragraph 57 was added by regulation 12(b) of S.R. 1994 No. 335 and amended by regulation 3(3)(c) of S.R. 2002 No. 128

(83)

Paragraph 58 was added by regulation 12(b) of S.R. 1994 No. 335 and sub-paragraph (1) was amended by regulation 3(3)(d) and (e) of S.R. 2002 No. 128

(84)

Paragraph 4 was substituted by regulation 20(a) of S.R. 1988 No. 424

(85)

Paragraph 23 was substituted by regulation 3(8)(a) of S.R. 1991 No. 204

(86)

Sub-paragraph (3) was amended by regulation 4(8)(a)(iii) of S.R. 1992 No. 201

(87)

Paragraph 24 was added by regulation 5 of S.R. 1988 No. 186 and amended by regulation 12 of S.R. 1989 No. 125 and regulation 3(3)(b) of S.R. 2004 No. 45

(88)

Paragraph 59 was added by regulation 2(b) of S.R. 2001 No. 4

(89)

Paragraph 63 was added by regulation 2(b) of S.R. 2001 No. 392

(90)

S.R. 2003 No. 197; relevant amending Regulations are S.R. 2004 No. 45

(91)

Schedule 4A was inserted by paragraph 1(b) of Schedule 2 to S.R. 2003 No. 197 for the purposes only of regulation 12(2) and (3) of that Rule

(92)

Schedule 5ZA was inserted by paragraph 1(c) of Schedule 2 to S.R. 2003 No. 197 for the purposes only of regulation 12(2) and (3) of that Rule

(93)

Paragraph 6 was amended by regulation 6(a) of S.R. 2004 No. 45

(95)

Paragraph (3) was amended by regulation 3(3)(a) of S.R. 1996 No. 449

(96)

Paragraph (3B) was inserted by regulation 2(4)(a) of S.R. 1996 No. 354

(97)

Paragraph (3C) was inserted by regulation 3(3)(b) of S.R. 1996 No. 449

(98)

Regulation 4C was inserted by regulation 4(3) of S.R. 2003 No. 191

(99)

Paragraph (31) was added by regulation 2 of S.R. 2004 No. 378

(100)

Paragraph (6) was substituted by regulation 12(1)(b) of S.R. 1989 No. 373

(101)

Paragraph (1A) was substituted by regulation 2(10)(a) of S.R. 1996 No. 354

(102)

Paragraph (2) was added by regulation 2(3) of S.R. 2002 No. 327

(104)

S.R. 1988 No. 142; regulation 17 was amended by regulation 14(8) of S.R. 1992 No. 6, regulation 15(5) of S.R. 1996 No. 289 and regulation 26(5) and (6) of S.R. 2003 No. 191

(107)

S.R. 1994 No. 461; regulation 15 was added by regulation 2(5) of S.R. 2000 No. 404

(108)

S.R. 1994 No. 485; relevant amending regulations are S.R. 2003 No. 213

(109)

Regulation 3 was substituted by regulation 2(7)(a) of S.R. 2003 No. 213

(110)

Paragraph (1) was amended by regulation 2(7)(c) of S.R. 2003 No. 213

(111)

S.R. 1995 No. 41; relevant amending Regulations are S.R. 1996 No. 601

(112)

The definition of “relative” was inserted by regulation 4(2)(c) of S.R. 1996 No. 601

(114)

The definition of “close relative” was amended by regulation 2(2)(b) of S.R. 1996 No. 503

(115)

The definition of “war widower’s pension” was inserted by regulation 4(2) of S.R. 2002 No. 128

(116)

The definition of “close relative” was amended by regulation 2(4) of S.R. 1996 No. 503

(117)

The definition of “partner of a person subject to immigration control” was substituted by regulation 10(3)(a) of S.R. 2000 No. 71

(118)

The definition of “contribution” was amended by regulation 3(1) and (2)(e) of S.R. 1998 No. 81, regulation 2(2)(a) of S.R. 1999 No. 317 and regulation 2(1)(c) of S.R. 2001 No. 278

(119)

Sub-paragraph (c) was amended by Article 9(5)(i) of S.R. 1999 No. 428 (C. 32)

(120)

Regulation 146A was inserted by regulation 2(3) of S.R. 2000 No. 350

(121)

Paragraphs (iv) and (iva) were substituted by regulation 16(b) of S.R. 1996 No. 356

(122)

Paragraph 9A was inserted by regulation 3(2)(b) of S.R. 2000 No. 260 from 9.4.01 to 9.4.06 only

(123)

Paragraph 17(c) was amended by regulation 4(5)(b) of S.R. 2002 No. 128

(124)

Paragraph 53 was amended by regulation 4(5)(c) of S.R. 2002 No. 128

(125)

Paragraph 54 was amended by regulation 4(5)(c) of S.R. 2002 No. 128

(126)

Paragraph 55(1) was amended by regulation 4(5)(d) and (e) of S.R. 2002 No. 128

(127)

Paragraph 5 was amended by regulation 3(4)(a) of S.R. 2003 No. 154

(128)

Paragraph 51 was added by regulation 2(c) of S.R. 2001 No. 4

(129)

Paragraph 54 was added by regulation 2(c) of S.R. 2001 No. 392

(131)

S.R. 1996 No. 622; relevant amending Regulations are S.R. 2001 No. 25 and S.R. 2003 No. 57

(132)

Regulations 2 to 13 were revoked by regulation 4 of S.R. 2001 No. 25 as substituted by regulation 2 of S.R. 2003 No. 57 from, in relation to any particular case, the date on which section 22 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4) comes into operation in relation to that type of case

(133)

S.R. 2000 No. 91; to which there are amendments not relevant to this Order

(135)

The definition of “couple” in regulation 1(2) is substituted by paragraph 23(2)(b) of this Schedule

(136)

S.R. 2002 No. 79; to which there are amendments not relevant to this Order

(138)

S.R. 2003 No. 28; relevant amending Regulations are S.R. 2003 Nos. 191 and 421 and S.I. 2003/2175

(139)

The definition of “the Computation of Earnings Regulations” was inserted by regulation 4 of S.I. 2003/2175

(140)

Paragraph 1(c) was amended by regulation 2(10)(a) of S.R. 2003 No. 421

(141)

Paragraph 4 was amended by regulation 2(10)(b) of S.R. 2003 No. 421

(142)

Paragraph 5 was amended by regulation 2(10)(c) of S.R. 2003 No. 421

(143)

Paragraph 6(1) was amended by regulation 2(10)(d) and (e) of S.R. 2003 No. 421

(144)

Paragraph 4A was inserted by regulation 23(10)(b) of S.R. 2003 No. 191