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The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order (Northern Ireland) 2005

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

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

(2) In regulation 7A(2) (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)(3)—

(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(4) (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”.

(1)

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

(2)

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

(3)

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

(4)

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

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