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

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Income Support (General) Regulations

12.—(1) The Income Support (General) Regulations (Northern Ireland) 1987(1) 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”(2)—

(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”(3) 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”(4), 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)(5) (interpretation: Chapter VIII), in the definition of “contribution”(6), after “the holder’s spouse” there shall be inserted “or civil partner”.

(6) In Schedule 1B(7) (prescribed categories of person), in paragraph 16A(8) (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)(9) (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)(10), for “widow or widower” there shall be substituted “surviving spouse or surviving civil partner”;

(b)in paragraph 39(11)—

(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)(12), 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(13), for “widows or widowers” there shall be substituted “surviving spouses and surviving civil partners”;

(d)in paragraph 55(14), for “widows or widowers” there shall be substituted “surviving spouses and surviving civil partners”;

(e)in paragraph 56(1)(15)—

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

(b)in paragraph 22(17)—

(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)(18), 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(19), after “estrangement or divorce from” there shall be inserted “or dissolution of his civil partnership with”;

(d)in paragraph 57(c) and (d)(20), after “deceased spouse” there shall be inserted “or deceased civil partner”;

(e)in paragraph 61(21), after “deceased spouse” (in each place where it occurs) there shall be inserted “or deceased civil partner”.

(2)

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

(3)

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

(4)

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

(5)

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

(6)

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

(7)

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

(8)

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

(9)

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

(10)

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

(11)

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

(12)

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

(13)

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

(14)

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

(15)

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

(16)

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

(17)

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

(18)

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

(19)

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

(20)

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

(21)

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

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