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

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Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security (Civil Partnership) (Consequential Amendments) Regulations (Northern Ireland) 2005 and shall come into operation on 5th December 2005 (immediately after the Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order (Northern Ireland) 2005(1) comes into operation).

(2) The Interpretation Act (Northern Ireland) 1954(2) shall apply to these Regulations as it applies to an Act of the Assembly.

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

2.—(1) The Social Security (Widow’s Benefit and Retirement Pensions) Regulations (Northern Ireland) 1979(3) shall be amended in accordance with paragraphs (2) and (3).

(2) In regulation 1(2) (interpretation) after the definition of “bereavement allowance”(4) there shall be inserted 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)(5) (days to be treated as days of increment) after “neither married to,” there shall be inserted “or in a civil partnership with,”.

Amendment of the Social Security (General Benefit) Regulations

3.  In regulation 2(1), (2) and (3) of the Social Security (General Benefit) Regulations (Northern Ireland) 1984(6) (exceptions from disqualification for imprisonment etc.) for “wife or husband” there shall be substituted “spouse or civil partner”.

Amendment of the Income Support (General) Regulations

4.—(1) The Income Support (General) Regulations (Northern Ireland) 1987(7) shall be amended in accordance with paragraphs (2) and (3).

(2) In regulation 42(4)(a)(i)(8) (notional income) for “widow or widower” there shall be substituted “surviving spouse or surviving civil partner”.

(3) In regulation 51(3)(a)(i)(9) (notional capital) for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”.

Amendment of the Housing Benefit (General) Regulations

5.  In regulation 18(1)(c) of the Housing Benefit (General) Regulations (Northern Ireland) 1987(10) (patients) for “a married or unmarried couple” there shall be substituted “a couple”.

Amendment of the Social Security (Claims and Payments) Regulations

6.—(1) The Social Security (Claims and Payments) Regulations (Northern Ireland) 1987(11) shall be amended in accordance with paragraphs (2) and (3).

(2) In regulation 6(22)(12) (date of claim) in the definition of “family”, for “a married or unmarried couple” there shall be substituted “a couple”.

(3) In regulation 19(3B)(13) (time for claiming benefit) after “spouse” there shall be inserted “or civil partner”.

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

7.—(1) The Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999(14) shall be amended in accordance with paragraphs (2) to (4).

(2) In regulation 1(2) (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;; and; and

(b)in the definition of “partner”(15) for “a married couple or an unmarried couple” there shall be substituted “a couple”.

(3) In regulation 5(2)(16) (date from which a decision revised under Article 10 takes effect), after “spouse” (in each place where it occurs) there shall be inserted “or civil partner”.

(4) In Schedule 2A(17) (date from which superseding decision takes effect where a claimant is in receipt of income support or jobseeker’s allowance) in paragraph 8(e)(18) for “a married or an unmarried couple” there shall be substituted “a couple”.

Amendment of the Housing Benefit (Decisions and Appeals) Regulations

8.—(1) The Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001(19) shall be amended in accordance with paragraphs (2) and (3).

(2) In regulation 1(2) (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;; and; and

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

(3) In regulation 23(1)(20) (procedure in connection with appeals) for “amended by the Social Security, Child Support and Tax Credits (Miscellaneous Amendments) Regulations (Northern Ireland) 2005” there shall be substituted “amended by the Social Security (Civil Partnership) (Consequential Amendments) Regulations (Northern Ireland) 2005”.

Amendment of the Social Security (Deferral of Retirement Pensions) Regulations

9.  In regulation 3(1)(c) of the Social Security (Deferral of Retirement Pensions) Regulations (Northern Ireland) 2005(21) (amount of retirement pension not included in the calculation of the lump sum) after “married to,” there shall be inserted “or in a civil partnership with,”.

Revocation

10.  Regulation 8(4) of the Social Security, Child Support and Tax Credits (Miscellaneous Amendments) Regulations (Northern Ireland) 2005(22) is hereby revoked.

Sealed with the Official Seal of the Department for Social Development on 1st December 2005.

L.S.

John O'Neill

A senior officer of the

Department for Social Development

The Department of Finance and Personnel hereby consents to regulation 5 of the foregoing Regulations

Sealed with the Official Seal of the Department of Finance and Personnel on 2nd December 2005.

L.S.

M McIvor

A senior officer of the

Department of Finance and Personnel

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