Dependent relative’s allowance
40. In regulation 9 (dependent relative’s allowance)–
(a)in paragraph (1)(a) after “spouse's” insert “or civil partner's”;
(b)in paragraph (2)–
(i)for “widow or widower” substitute “widow, widower or surviving civil partner”; and
(ii)after “spouse” in both places where it occurs, insert “or civil partner”;
(c)in paragraph (4) after sub paragraph (a) insert–
“(aa)if he or she subsequently forms a civil partnership or lives together with another person as if they were civil partners of each other; or”; and
(d)after paragraph (4) insert–
“(4A) Paragraph (4)(aa) shall not apply where the event which qualified a person to participate in benefits occurred before 5th December 2005.
(4B) For the purposes of this regulation, two people of the same sex are to be regarded as living together as if they were civil partners if they would be regarded as living together as husband and wife if they were not of the same sex.”.