The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 No. 2877

SCHEDULE 3 Amendments of subordinate legislation relating to social security

Jobseeker's Allowance Regulations 1996

26.—(1) Amend the Jobseeker's Allowance Regulations 1996 M1 as follows.

(2) In regulation 1 (citation, commencement and interpretation), in paragraph (3)—

(a) in the definition of “close relative”M2 , for “or the spouse of any of the preceding persons or, if that person is one of an unmarried couple, the other member of that couple” substitute “ or if any of the preceding persons is one member of a couple, the other member of that couple ”;

(b) for the definition of “couple” substitute 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;;”;

(c) in the definition of “partner”, in paragraph (a) for “a married or unmarried couple” substitute “ a couple ”;

(d) in the definition of “war widower's pension”M3 , after “to a man as a widower” insert “ or to a surviving civil partner ”.

(3) In regulation 4 (interpretation of Parts 2, 4 and 5), in the definition of “close relative”M4 —

(a) for “a spouse or other member of an unmarried couple” substitute “ a member of a couple ”;

(b) for “or the spouse of any of the preceding persons or, if that person is one of an unmarried couple, the other member of that couple” substitute “ or if any of the preceding persons is one member of a couple, the other member of that couple ”.

(4) In regulation 57 (interpretation of Part 4), in paragraph (2)(a)—

(a) after “of a married couple” insert “ or of a civil partnership ”;

(b) after “that couple” insert “ or civil partnership ”.

(5) In regulation 85 (special cases), in paragraph (4), in the definition of “partner of a person subject to immigration control”M5 , in sub-paragraph (iii)—

(a) for “his” substitute “ the member's ”;

(b) for “her” substitute “ the partner ”.

(6) In regulation 117 (interpretation)—

(a) in the definition of “liable relative”, in sub-paragraph (a), for “or former spouse” substitute “ , former spouse, civil partner or former civil partner ”;

(b) in the definition of “payment”, in sub-paragraph (a)—

(i) at the end of paragraph (ii), insert “ or ”;

(ii) after paragraph (ii), as amended by sub-paragraph (i) above, insert the following paragraph—

“(iii) any proceedings for separation, dissolution or nullity in relation to a civil partnership;”.

(7) In regulation 130 (interpretation), in the definition of “contribution”M6 , after “holder's spouse” insert “ or civil partner ”.

(8) In regulation 140 (meaning of “person in hardship”), in paragraph (1) M7 —

(a) in sub-paragraph (c)—

(i) for “a married or unmarried couple” substitute “ a couple ”;

(ii) for paragraph (i) substitute the following paragraph—

“(i) at least one member of the couple is a woman who is pregnant; and”;

(b) in sub-paragraph (e), for “a married or unmarried couple” substitute “ a couple ”.

(9) In regulation 146A (meaning of “couple in hardship”) M8 , in paragraph (1)(a), for “the woman member of the joint-claim couple is pregnant” substitute “ at least one member of the joint-claim couple is a woman who is pregnant ”.

(10) In regulation 169 (recovery orders), in paragraph (1), after “claimant's spouse”, insert “ or civil partner ”.

(11) Amend Schedule 1 (applicable amounts) as follows—

(a) in paragraph 1, in sub-paragraph (3)(a)(iv) and (iva) M9 of column (1), after “married” insert “ or civil partners ”;

(b) in paragraph 9A(1)(b) (bereavement premium) M10 of Part 3 (premiums), after “9th April 2001” insert “ or of a civil partner who died on or after 5th December 2005 ”.

(12) In Schedule 7 (sums to be disregarded in the calculation of income other than earnings)—

(a) in paragraph 41—

(i) in sub-paragraph (2)(a), 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 ”;

(b) in paragraph 53 M11 , for “widows or widowers” substitute “ widows, widowers or surviving civil partners ”;

(c) in paragraph 54 M12 , for “widows or widowers” substitute “ widows, widowers or surviving civil partners ”;

(d) in paragraph 55(1) M13 —

(i) in paragraph (a), 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 ”.

(13) In Schedule 8 (capital to be disregarded)—

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

(b) in paragraph 5 M14 , after “estrangement or divorce from” insert “ or dissolution of a civil partnership with ”;

(c) in paragraph 27—

(i) in sub-paragraph (2)(a), 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 ”;

(d) in paragraph 56 M15 , in sub-paragraphs (c) and (d), after “deceased spouse” insert “ or deceased civil partner ”;

(e) in paragraph 58 M16 , after “deceased spouse” (in each place) insert “ or deceased civil partner ”.

Marginal Citations

M1 S.I. 1996/207.

M2 The definition of “close relative” was amended by S.I. 1996/2538.

M3 The definition of “war widower's pension” was inserted by S.I. 2002/841.

M4 The definition of “close relative” was amended by S.I. 1996/2538.

M5 The definition of “partner of a person subject to immigration control” was inserted by S.I. 2000/636.

M6 The definition of “contribution” was amended by S.I. 1998/563, S.I. 1999/1935 and S.I. 2001/2319.

M7 Paragraph (1) was amended by S.I. 1996/1516, S.I. 1999/2860, S.I. 2000/239 and S.I. 2000/1978.

M8 Regulation 146A was inserted by S.I. 2000/1978.

M9 Sub-paragraph (3)(a)(iv) and (iva) was inserted by S.I. 1996/1516.

M10 Paragraph 9A was inserted by S.I. 2000/2239 for the period 9th April 2001 to 9th April 2006 only.

M11 Paragraph 53 was amended by S.I. 2002/841.

M12 Paragraph 54 was amended by S.I. 2002/841.

M13 Paragraph 55(1) was amended by S.I. 2002/841.

M14 Paragraph 5 was amended by S.I. 2003/511.

M15 Paragraph 56 was inserted by S.I. 2001/22.

M16 Paragraph 58 was inserted by S.I. 2001/3481.