Civil Partnership Act 2004

Part 13 Amendments of the State Pension Credit Act 2002 (c. 16)

140 In sections 2(5)(a) and (8)(b), 3(1)(b), 4(1), 5, 6(3)(c)(ii) and 9(4)(a), (b) and (d), for “married or unmarried couple” substitute “couple”.

141 In section 2(5)(b), for “such a couple” substitute “a couple”.

142 (1) Amend subsection (1) of section 17 (other interpretation provisions) as follows.

(2) After the definition of “the Contributions and Benefits Act” insert—

““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 otherwise than in prescribed circumstances;

(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 otherwise than in prescribed circumstances;”.

(3) In the definition of “foreign war widow’s or widower’s pension” for “widow or widower” (in each place) substitute “widow, widower or surviving civil partner”.

(4) Omit the definitions of “married couple” and “unmarried couple”.

(5) In the definition of “war widow’s or widower’s pension”—

(a) in paragraph (a), for “any widow’s or widower's” substitute “any widow's, widower’s or surviving civil partner's”, and

(b) in paragraph (b), for “widow or widower” substitute “widow, widower or surviving civil partner”.

143 After section 17(1) insert—

“(1A) For the purposes of this Act, 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.”