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

Explanatory Note

(This note is not part of the Regulations)

These Regulations make minor amendments to a number of statutory rules relating to social security to reflect the new status of civil partnership. The amendments are consequential upon the Civil Partnership Act 2004 (“the Act”). The Act enables same-sex couples to form a civil partnership by registering as civil partners of each other (and certain overseas relationships registered abroad may be treated as civil partnerships). The Act also makes provision for civil partners to be treated in the same or similar way as spouses in relation to certain benefits and obligations.

Regulation 2 amends the Social Security (Widow’s Benefit and Retirement Pensions) Regulations (Northern Ireland) 1979 to insert a definition of civil partner. It also extends to civil partners the provisions relating to the days of deferral to be treated as days on which increments can be earned.

Regulation 3 amends the Social Security (General Benefit) Regulations (Northern Ireland) 1984 to extend to civil partners the exceptions to the rule that, where a beneficiary’s husband or wife is undergoing imprisonment or detention in legal custody, an adult dependency increase is not payable.

Regulation 4 amends the Income Support (General) Regulations (Northern Ireland) 1987 to provide that a war pension paid to a third party in respect of a surviving civil partner is taken into account as income or capital in the same way as a war pension paid to a surviving spouse.

Regulation 5 amends the Housing Benefit (General) Regulations (Northern Ireland) 1987 to provide that same-sex couples and opposite-sex couples are treated in the same way where the calculation of the applicable amount for an in-patient is concerned.

Regulation 6 amends the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 in relation to the timing of benefit claims by civil partners.

Regulation 7 amends the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999 to ensure that same-sex couples are treated in the same way as opposite-sex couples in matters of decision making and appeals.

Regulation 8 amends the Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001 to ensure that same-sex couples are treated in the same way as opposite-sex couples in matters of decision making and appeals in respect of housing benefit.

Regulation 9 amends the Social Security (Deferral of Retirement Pensions) Regulations (Northern Ireland) 2005 in relation to the amount of retirement pension a deferrer would have earned in an accrual period in the calculation of a lump sum so that these provisions apply to civil partners.

Regulation 10 makes a consequential revocation.

In so far as these Regulations are required, for the purposes of regulations 5 and 8, to be referred to the Social Security Advisory Committee under section 149(2) of the Social Security Administration (Northern Ireland) Act 1992 (“the 1992 Act”), after agreement by the Social Security Advisory Committee, they have not been so referred by virtue of section 150(1)(b) of that Act. Otherwise they make, in relation to Northern Ireland only, provision corresponding to provision contained in Regulations made by the Secretary of State for Work and Pensions in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the 1992 Act, are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.