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

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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(1) 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”(2) for “a married couple or an unmarried couple” there shall be substituted “a couple”.

(3) In regulation 5(2)(3) (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(4) (date from which superseding decision takes effect where a claimant is in receipt of income support or jobseeker’s allowance) in paragraph 8(e)(5) for “a married or an unmarried couple” there shall be substituted “a couple”.

(2)

The definition of “partner” was inserted by regulation 2(2)(b) of S.R. 2002 No. 189

(3)

Paragraph (2) was added by regulation 3 of S.R. 2004 No. 378

(4)

Schedule 2A was inserted by regulation 6(22) of, and Schedule 1 to, S.R. 2000 No. 215

(5)

Sub-paragraph (e) was inserted by regulation 4(c)(ii) of S.R. 2001 No. 120

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