The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005

Council Tax Benefit (General) Regulations 1992

22.—(1) Amend the Council Tax Benefit (General) Regulations 1992, as modified in their application to persons to whom regulation 12(1) of the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003(1) applies, as follows.

(2) In regulation 17 (meaning of “income”), in paragraph (1)(m), for “by his spouse or former spouse or towards the maintenance of the claimant’s partner by his spouse or former spouse, ” substitute “by his spouse, civil partner, former spouse or former civil partner or towards the maintenance of the claimant’s partner by his spouse, civil partner, former spouse or former civil partner,”.

(3) In Schedule 4A (amounts to be disregarded in the calculation of income other than earnings)(2)—

(a) in paragraph 1(c), for “widow or widower” substitute “widow, widower or surviving civil partner”;

(b) in paragraph 4, for “widows or widowers” substitute “widows, widowers or surviving civil partners”;

(c) in paragraph 5, for “widows or widowers” substitute “widows, widowers or surviving civil partners”;

(d) in paragraph 6(1)—

(i) in paragraph (a)(3), for “widow or widower” substitute “widow, widower or surviving civil partner”;

(ii) in paragraph (b), for “widows or widowers” substitute “widows, widowers or surviving civil partners”;

(e) in paragraph 13 after “spouse” insert “or civil partner”;

(f) in paragraph 20(1), for “by the claimant’s spouse or former spouse, or the claimant’s partner’s spouse or former spouse” substitute “by the claimant’s spouse, civil partner, former spouse or former civil partner or the claimant’s partner’s spouse, civil partner, former spouse, or former civil partner”.

(4) In Part 1 of Schedule 5ZA (capital to be disregarded)(4)—

(a) in paragraph 4(b), after “estranged or divorced” insert “or with whom he had formed a civil partnership that has been dissolved”;

(b) in paragraph 6(1), after “from his former partner” insert “or the dissolution of a civil partnership with his former partner,”;

(c) in paragraph 13, in sub-paragraphs (c) and (d), after “ deceased spouse” insert “or deceased civil partner”;

(d) in paragraph 15 after “deceased spouse” (in each place) insert “or civil partner”;

(e) in paragraph 16—

(i) in sub-paragraph (2), after “estranged or divorced” insert “or with whom he has formed a civil partnership that has not been dissolved or, where that person has died, had not been dissolved at the time of that person’s death”;

(ii) in sub-paragraph (3), after “estranged or divorced” insert “or, where the partner or former partner and that person have formed a civil partnership, the civil partnership has not been dissolved or, if either of them has died, had not been dissolved at the time of the death”;

(iii) in sub-paragraph (4)(a), after “estranged or divorced” insert “or with whom he has formed a civil partnership that has not been dissolved”;

(iv) in sub-paragraph (5)(a), after “estranged or divorced” insert “or with whom he had formed a civil partnership that had not been dissolved”.

(1)

S.I. 2003/325.

(2)

Schedule 4A was inserted by S.I. 2003/325 for the purposes only of regulation 21(3) and (4) of that S.I.

(3)

Sub-paragraph (1)(a) was amended by virtue of S.I. 2003/2275.

(4)

Schedule 5ZA was inserted by S.I. 2003/325 for the purposes only of regulation 21 (3) and (4) of that S.I.