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SCHEDULE 3Amendment of legislation relating to social security

Social Security (Claims and Payments) Regulations

15.—(1) The Social Security (Claims and Payments) Regulations (Northern Ireland) 1987(1) 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)(2), (3B)(a)(3), (3C)(4) 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)(5) (making a claim for state pension credit), for “married or unmarried couple” there shall be substituted “couple”.

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

(6) In regulation 15(6)(7) (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)(8) (duration of awards), for “a married or unmarried couple” there shall be substituted “a couple”.

(8) In regulation 35(2)(a)(9) (payment to a partner as alternative payee), for “of a married or unmarried” there shall be substituted “member of a”.

(2)

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

(3)

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

(4)

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

(5)

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

(6)

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

(7)

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

(8)

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

(9)

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