The Social Security (Civil Partnership) (Consequential Amendments) Regulations (Northern Ireland) 2005

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" "civil partner" in relation to any person who has been in a civil partnership more than once means the last civil partner;".

    (3) In regulation 4(1)(d)(ii)[12] (days to be treated as days of increment) after "neither married to," there shall be inserted "or in a civil partnership with,".

Amendment of the Social Security (General Benefit) Regulations
     3. In regulation 2(1), (2) and (3) of the Social Security (General Benefit) Regulations (Northern Ireland) 1984[13] (exceptions from disqualification for imprisonment etc.) for "wife or husband" there shall be substituted "spouse or civil partner".

Amendment of the Income Support (General) Regulations
     4. —(1) The Income Support (General) Regulations (Northern Ireland) 1987[14] shall be amended in accordance with paragraphs (2) and (3).

    (2) In regulation 42(4)(a)(i)[15] (notional income) for "widow or widower" there shall be substituted "surviving spouse or surviving civil partner".

    (3) In regulation 51(3)(a)(i)[16] (notional capital) for "widow or widower" there shall be substituted "widow, widower or surviving civil partner".

Amendment of the Housing Benefit (General) Regulations
     5. In regulation 18(1)(c) of the Housing Benefit (General) Regulations (Northern Ireland) 1987[17] (patients) for "a married or unmarried couple" there shall be substituted "a couple".

Amendment of the Social Security (Claims and Payments) Regulations
     6. —(1) The Social Security (Claims and Payments) Regulations (Northern Ireland) 1987[18] shall be amended in accordance with paragraphs (2) and (3).

    (2) In regulation 6(22)[19] (date of claim) in the definition of "family", for "a married or unmarried couple" there shall be substituted "a couple".

    (3) In regulation 19(3B)[20] (time for claiming benefit) after "spouse" there shall be inserted "or civil partner".

Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations
     7. —(1) The Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999[21] shall be amended in accordance with paragraphs (2) to (4).

    (2) In regulation 1(2) (interpretation)—

(a) after the definition of "clerk to the appeal tribunal" there shall be inserted 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;; and"; and

(b) in the definition of "partner"[22] for "a married couple or an unmarried couple" there shall be substituted "a couple".

    (3) In regulation 5(2)[23] (date from which a decision revised under Article 10 takes effect), after "spouse" (in each place where it occurs) there shall be inserted "or civil partner".

    (4) In Schedule 2A[24] (date from which superseding decision takes effect where a claimant is in receipt of income support or jobseeker's allowance) in paragraph 8(e)[25] for "a married or an unmarried couple" there shall be substituted "a couple".

Amendment of the Housing Benefit (Decisions and Appeals) Regulations
     8. —(1) The Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001[26] shall be amended in accordance with paragraphs (2) and (3).

    (2) In regulation 1(2) (interpretation)—

(a) after the definition of "clerk to the appeal tribunal" there shall be inserted 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;; and"; and

(b) in the definition of "partner" in paragraph (a) for "a married or unmarried couple" there shall be substituted "a couple".

    (3) In regulation 23(1)[27] (procedure in connection with appeals) for "amended by the Social Security, Child Support and Tax Credits (Miscellaneous Amendments) Regulations (Northern Ireland) 2005" there shall be substituted "amended by the Social Security (Civil Partnership) (Consequential Amendments) Regulations (Northern Ireland) 2005".

Amendment of the Social Security (Deferral of Retirement Pensions) Regulations
     9. In regulation 3(1)(c) of the Social Security (Deferral of Retirement Pensions) Regulations (Northern Ireland) 2005[28] (amount of retirement pension not included in the calculation of the lump sum) after "married to," there shall be inserted "or in a civil partnership with,".

Revocation
     10. Regulation 8(4) of the Social Security, Child Support and Tax Credits (Miscellaneous Amendments) Regulations (Northern Ireland) 2005[29] is hereby revoked.



Sealed with the Official Seal of the Department for Social Development on


1st December 2005.

L.S.

John O'Neill
A senior officer of the Department for Social Development


The Department of Finance and Personnel hereby consents to regulation 5 of the foregoing Regulations



Sealed with the Official Seal of the Department of Finance and Personnel on


2nd December 2005.

L.S.

M McIvor
A senior officer of the Department of Finance and Personnel

[2] 1992 c. 8; section 165(1) was amended by paragraph 49(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671)back

[3] S.I. 1998/1506 (N.I. 10); Article 74(1) was amended by paragraph 17(2) of Schedule 4 to the Tax Credits Act 2002back

[4] See Article 8(b) of S.R. 1999 No. 481back

[5] 2000 c. 4 (N.I.)back

[6] See section 171(6A) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 as inserted by Article 3(3) of the Social Security (Amendment) (Northern Ireland) Order 1993 (S.I. 1993/1579 (N.I. 8)); see also Article 6(b) of S.R. 1999 No. 481back

[7] See section 150(1)(b) of the Social Security Administration (Northern Ireland) Act 1992back

[8] S.R. 2005 No. 536back

[9] 1954 c. 33 (N.I.)back

[10] S.R. 1979 No. 243; relevant amending Regulations are S.R. 2001 No. 108 and S.R. 2005 No. 120back

[11] The definition of "bereavement allowance" was inserted by regulation 8(2)(b) of S.R. 2001 No. 108back

[12] Sub-paragraph (d) was inserted by regulation 4(4)(b)(ii) of S.R. 2005 No. 120back

[13] S.R. 1984 No. 92; regulation 2(2) was amended by regulation 11 of, and Schedule 2 to, S.R. 1984 No. 317, regulation 7(2)(a) of S.R. 1986 No. 340, regulation 7(3) of S.R 1992 No. 6, regulation 16 of S.R. 1995 No. 150, regulation 2(a) of S.R. 1996 No. 57, regulation 9(3) of S.R. 2001 No. 108 and regulation 6(3) of S.R. 2005 No. 299back

[14] S.R. 1987 No. 459; relevant amending Regulations are S.R. 1988 No. 318, S.R. 1995 Nos. 410 and 481, S.R. 1997 No. 22, S.R. 1998 No. 326, S.R. 2002 No. 128, S.R. 2003 No. 195 and S.R. 2005 No. 98back

[15] Paragraph (4) was substituted by regulation 9(a) of S.R. 1988 No. 318 and amended by regulation 2(2)(a) of S.R. 1998 No. 326; sub-paragraph (a)(i) was amended by regulation 5(2) of S.R. 1995 No. 410, regulation 2(1)(a) and (2) of S.R. 1995 No. 481, regulation 2(3) of S.R. 2002 No. 128, paragraph 10(e)(i) and (ii) of Schedule 1 to S.R. 2003 No. 195 and regulation 2(6) of S.R. 2005 No. 98back

[16] Paragraph (3) was substituted by regulation 11(a) of S.R. 1988 No. 318 and amended by regulation 3(2)(a) of S.R. 1998 No. 326; sub-paragraph (a)(i) was amended by regulation 9 of S.R. 1997 No. 22, regulation 2(4) of S.R. 2002 No. 128, paragraph 13(a)(i) and (ii) of Schedule 1 to S.R. 2003 No. 195 and regulation 2(6) of S.R. 2005 No. 98back

[17] S.R. 1987 No. 461; regulation 18(1) was amended by regulation 7(c) of S.R. 1996 No. 448 and regulation 4(3) of S.R. 2003 No. 261 and sub-paragraph (c) was amended by Article 19(3)(b) and (c) of S.R. 2005 No. 82back

[18] S.R. 1987 No. 465; relevant amending Regulations are S.R. 1997 No. 156, S.R. 2000 No. 215, S.R. 2002 No. 67 and S.R. 2005 Nos. 46 and 139back

[19] Paragraph (22) was substituted by regulation 3(2)(a) of S.R. 2000 No. 215; the definition of "family" was added by regulation 2(2)(f)(iii) of S.R. 2002 No. 67 and amended by regulation 5(4)(c)(ii) of S.R. 2005 No. 46back

[20] Regulation 19 was substituted by regulation 3(7) of S.R. 1997 No. 156 and paragraph (3B) was inserted by regulation 2(2)(c) of S.R. 2005 No. 139back

[21] S.R. 1999 No. 162; relevant amending Regulations are S.R. 2000 No. 215, S.R. 2001 No. 120, S.R. 2002 No. 189 and S.R. 2004 No. 378back

[22] The definition of "partner" was inserted by regulation 2(2)(b) of S.R. 2002 No. 189back

[23] Paragraph (2) was added by regulation 3 of S.R. 2004 No. 378back

[24] Schedule 2A was inserted by regulation 6(22) of, and Schedule 1 to, S.R. 2000 No. 215back

[25] Sub-paragraph (e) was inserted by regulation 4(c)(ii) of S.R. 2001 No. 120back

[26] S.R. 2001 No. 213; relevant amending Regulations are S.R. 2005 No. 46back

[27] Paragraph (1) was amended by regulation 8(4) of S.R. 2005 No. 46back

[28] S.R. 2005 No. 120; to which there are amendments not relevant to these Regulationsback

[29] S.R. 2005 No. 46back