SCHEDULE 24 continued PART 6
107 In section 2AA (full entitlement to certain benefits conditional on work-focused interview for partner), in subsection (7), for the definition of “couple” substitute—
““couple” has the meaning given by section 133(1) of the Contributions and Benefits Act;”.
108 In section 3 (late claims for bereavement benefit where death is difficult to establish)—
(a) after “spouse” (in each place) insert “or civil partner”, and
(b) after “spouse's” (in each place) insert “or civil partner's”.
109 (1) Amend section 13A (payment out of benefit of sums in respect of mortgage interest etc.) as follows.
(2) In subsection (4)—
(a) in paragraph (a) of the definition of “partner”, for “to whom the borrower is married” substitute “who is married to, or a civil partner of, the borrower”, and
(b) in paragraph (b) of that definition, for “to whom the borrower is not married but who lives together with the borrower as husband and wife” substitute “who is neither married to, nor a civil partner of, the borrower but who lives together with the borrower as husband and wife or as if they were civil partners”.
(3) After subsection (4A) insert—
“(4B) For the purposes of this section, 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.”
110 (1) Amend section 69 (overpayments – general) as follows.
(2) In subsection (9), for “married or unmarried couple” substitute “couple”.
(3) After subsection (11) insert—
“(12) In this section, “couple” has the meaning given by section 133(1) of the Contributions and Benefits Act.”
111 In section 71 (overlapping benefits – general), in subsections (2)(b) and (d) and (5)(b) and (d), for “wife or husband” substitute “wife, husband or civil partner”.
112 In section 72A (payment of benefit where maintenance payments collected by Department), in subsection (5)—
(a) after the definition of “child maintenance” insert—
““couple” has the meaning given by section 133(1) of the Contributions and Benefits Act;”,
(b) in the definition of “family”, for “married or unmarried couple” (in each place) substitute “couple”, and
(c) omit the definitions of “married couple” and “unmarried couple”.
113 (1) Amend section 74 (recovery of social fund awards) as follows.
(2) In subsection (3)(b), for “married or unmarried couple” substitute “couple”.
(3) For subsection (5) substitute—
“(5) In this section, “couple” has the meaning given by section 133(1) of the Contributions and Benefits Act.”
(4) In subsection (6)—
(a) in paragraph (a), after “wife” insert “or civil partner”, and
(b) in paragraph (b), after “husband” insert “or civil partner”.
114 In section 100 (failure to maintain – general), in subsection (4), after “spouse” insert “or civil partner”.
115 In section 102 (recovery of expenditure on income support: additional amounts and transfer of orders), in subsection (1)(b), after “wife” insert “or civil partner”.
116 In section 103B (power to require information), in subsection (5)(a), for “married, his spouse” substitute “married or is a civil partner, his spouse or civil partner”.
117 In section 136 (up-rating under section 132 of pensions increased under section 52(3) of the Contributions and Benefits Act)—
(a) in subsection (1), after “spouse” insert “or civil partner”, and
(b) in subsections (2) and (3), after “spouse's” (in each place) insert “or civil partner's”.
118 In section 1 (the jobseeker’s allowance), in subsection (4), in the definition of “a joint-claim couple”, for “married or unmarried couple” substitute “couple”.
119 In section 3 (the income-based conditions), in subsection (1)(dd) and (e), for “married or unmarried couple” substitute “couple”.
120 In section 15 (effect on other claimants), in subsection (2)(b), for “married or unmarried couple” substitute “couple”.
121 In section 15A (trade disputes: joint-claim couples), in subsection (5)(c), for “married or unmarried couple” substitute “couple”.
122 In section 23 (recovery of sums in respect of maintenance), in subsection (1), after “spouse” insert “or civil partner”.
123 In section 31 (termination of awards), in subsections (1) and (2), for “married or unmarried couple” substitute “couple”.
124 (1) Amend section 35 (interpretation) as follows.
(2) After the definition of “contribution-based jobseeker’s allowance” in subsection (1) 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 paragraphs (a), (b) and (c) of the definition of “family” in subsection (1), for “married or unmarried couple” substitute “couple”.
(4) Omit the definitions of “married couple” and “unmarried couple” in subsection (1).
(5) After subsection (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.”
125 In Schedule 1 (supplementary provisions), in paragraph 9C(1), for “married or unmarried couple” substitute “couple”.
126 (1) Amend subsection (7) of section 10 (the child maintenance bonus) as follows.
(2) After the definition of “child maintenance” 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 “family” for “married or unmarried couple” (in each place) substitute “couple”.
(4) Omit the definitions of “married couple” and “unmarried couple”.
127 After section 10(7) insert—
“(7A) For the purposes of this section, 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.”
128 (1) Amend paragraph (7) of Article 4 (the child maintenance bonus) as follows.
(2) After the definition of “child maintenance” 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 “family” for “married or unmarried couple” (in each place) substitute “couple”.
(4) Omit the definitions of “married couple” and “unmarried couple”.
129 After that paragraph insert—
“(7A) For the purposes of this Article, 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.”
130 (1) Amend Article 2 (interpretation) as follows.
(2) After the definition of “contribution-based jobseeker’s allowance” in paragraph (2) 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 paragraphs (a), (b) and (c) of the definition of “family” in paragraph (2), for “married or unmarried couple” substitute “couple”.
(4) Omit the definitions of “married couple” and “unmarried couple” in paragraph (2).
(5) After paragraph (2) insert—
“(2A) For the purposes of this Order, 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.”
131 In Article 3 (the jobseeker’s allowance), in paragraph (4), in the definition of “a joint-claim couple”, for “married or unmarried couple” substitute “couple”.
132 In Article 5 (the income-based conditions), in paragraphs (1)(dd) and (e), for “married or unmarried couple” substitute “couple”.
133 In Article 17 (effect on other claimants), in paragraph (2)(b), for “married or unmarried couple” substitute “couple”.
134 In Article 17A (trade disputes: joint-claim couples), in paragraph (5)(c), for “married or unmarried couple” substitute “couple”.
135 In Article 25 (recovery of sums in respect of maintenance), in paragraph (1), after “spouse” insert “or civil partner”.
136 In Article 32 (termination of awards), in paragraphs (1) and (2), for “married or unmarried couple” substitute “couple”.
137 In Schedule 1 (supplementary provisions), in paragraph 9C(1), for “married or unmarried couple” substitute “couple”.
138 (1) Amend section 72 (power to reduce child benefit for lone parents) as follows.
(2) In subsection (2), after “spouse” (in each place) insert “or civil partner”.
(3) After subsection (2) insert—
“(3) For the purpose of this section, a parent is to be regarded as living with another person as his civil partner if, but only if, he would be regarded as living with the other person as his spouse, were they instead two people of the opposite sex.”
139 (1) Amend Article 68 (power to reduce child benefit for lone parents) as follows.
(2) In paragraph (2), after “spouse” (in each place) insert “or civil partner”.
(3) After paragraph (2) insert—
“(3) For the purpose of this Article, a parent is to be regarded as living with another person as his civil partner if, but only if, he would be regarded as living with the other person as his spouse, were they instead two people of the opposite sex.”.
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.”
144 (1) Amend section 3 (claims) as follows.
(2) In subsection (3)(a), for “married couple or unmarried couple” substitute “couple”.
(3) For subsections (5) and (6) substitute—
“(5A) In this Part “couple” means—
(a) a man and woman who are married to each other and are neither—
(i) separated under a court order, nor
(ii) separated in circumstances in which the separation is likely to be permanent,
(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 neither—
(i) separated under a court order, nor
(ii) separated in circumstances in which the separation is likely to be permanent, 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.”
145 In sections 4(1)(g), 11(6)(b) and (c), 17(10)(b), 24(2) and 32(6), for “married couple or an unmarried couple” (in each place) substitute “couple”.
146 In sections 4(1)(g) and 17(10)(b), for “the married couple or unmarried couple” substitute “the couple”.
147 (1) Renumber section 48 (interpretation) as subsection (1) of that section.
(2) In subsection (1), after the definition of “child” insert—
““couple” has the meaning given by section 3(5A),”,
and omit the definitions of “married couple” and “unmarried couple”.
(3) After subsection (1) insert—
“(2) For the purposes of this Part, 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.”
148 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”.
149 In section 2(5)(b), for “such a couple” substitute “a couple”.
150 (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”.
151 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.”