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

Made: 1st December 2005

Coming into operation: 5th December 2005

The Department for Social Development, in exercise of the powers conferred on it by sections 254(3) and (5), 258 and 259 of the Civil Partnership Act 2004[^f00001], and of all other powers enabling it in that behalf, hereby makes the following Order:

Citation and commencement

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This Order may be cited as the Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order (Northern Ireland) 2005 and shall come into operation on 5th December 2005.

Amendment of legislation

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• (1) Schedule 1, which contains amendments of legislation relating to pension sharing on divorce etc., shall have effect.

• (2) Schedule 2, which contains amendments of legislation relating to occupational pension and personal pension schemes, shall have effect.

• (3) Schedule 3, which contains amendments of legislation relating to social security, shall have effect.

• (4) Schedule 4, which contains amendments of legislation relating to child support, shall have effect.

• (5) Schedule 5, which contains transitory provisions relating to child support, shall have effect.

Transitional provision relating to housing benefit

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• (1) Paragraph (2) applies in the case of a claimant who is a member of a couple who live together as if they were civil partners on or after 5th December 2005, in respect of whom there is an award of housing benefit on 5th December 2005.

• (2) In such a case, subject to paragraphs (3) and (4)—

• (a) the provisions of regulation 8(2)[^f00002] and (10)[^f00003] of the Decisions and Appeals Regulations (date from which a decision superseding an earlier decision takes effect) shall not apply; and

• (b) a superseding decision made in consequence of the amendments made by paragraph 13 or 14 of Schedule 3 shall take effect—

• (i) from the date that the claimant reports to the relevant authority that the couple live together as if they were civil partners,

• (ii) from the date on which the relevant authority otherwise becomes aware that the couple are living together as if they were civil partners, or

• (iii) where there exists an award of a relevant benefit on 5th December 2005, from the date the superseding decision is made in relation to the relevant benefit that is consequential on the amendments made by paragraph 12, 23 or 30 of Schedule 3,

whichever is the earliest date.

• (3) The relevant authority may, where the provisions of paragraph (2)(b)(i) or (ii) apply, determine such earlier effective date for the superseding decision as it considers appropriate if it is satisfied that the claimant could reasonably have been expected to report that he is a member of a couple who live together as if they were civil partners earlier than the date which would otherwise apply under that paragraph.

• (4) The provisions of regulation 8(2) and (10) of the Decisions and Appeals Regulations shall apply in a case falling within paragraph (1) where the application of those provisions is advantageous to the claimant.

• (5) In this Article—

• “couple” has the same meaning as in regulation 2(1) of the Housing Benefit (General) Regulations (Northern Ireland) 1987[^f00004];

• “the Decisions and Appeals Regulations” means the Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001[^f00005];

• “relevant authority”[^f00006] has the same meaning as in regulation 2(1) of the Housing Benefit (General) Regulations (Northern Ireland) 1987;

• “relevant benefit” means income support, income-based jobseeker’s allowance or a guarantee credit awarded under section 2(1) of the State Pension Credit Act (Northern Ireland) 2002[^f00007].

SCHEDULE 1 — Amendment of legislation relating to pension sharing on divorce

Pensions on Divorce etc. (Provision of Information) Regulations

1

• (1) The Pensions on Divorce etc. (Provision of Information) Regulations (Northern Ireland) 2000[^f00008] shall be amended in accordance with sub-paragraphs (2) to (5).

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

• (a) in the definition of “notice of discharge of liability”, after “former spouse” there shall be inserted “or former civil partner”;

• (b) in the definition of “notice of implementation”, after “former spouse” there shall be inserted “or former civil partner”.

• (3) In regulation 2 (basic information about pensions on divorce)—

• (a) in the heading, at the end there shall be added “or dissolution of a civil partnership”;

• (b) in paragraph (1), after “spouse” (in each place where it occurs) there shall be inserted “or civil partner”;

• (c) in paragraph (6)—

• (i) in sub-paragraph (b), after “spouse” there shall be inserted “or civil partner”, and

• (ii) after “his spouse,” there shall be inserted “civil partner,”.

• (4) In regulation 3 (information about pensions on divorce: valuation of pension benefits)—

• (a) in the heading, after “on divorce” there shall be inserted “and dissolution of a civil partnership”;

• (b) in paragraph (1), for “Article 21(1)(a)(i) or (ii)” there shall be substituted “Article 21(1)(a)(i), (ia)[^f00009] or (ii)”.

• (5) In regulation 10(5)(a) (provision of information after receipt of an earmarking order), after “divorce” there shall be inserted “or dissolution of a civil partnership”.

Pensions on Divorce etc. (Charging) Regulations

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• (1) The Pensions on Divorce etc. (Charging) Regulations (Northern Ireland) 2000[^f00010] shall be amended in accordance with sub-paragraphs (2) and (3).

• (2) In regulation 2 (general requirements as to charges)—

• (a) in paragraph (1)(a)(i), after “divorce” there shall be inserted “or dissolution of a civil partnership”;

• (b) in paragraph (2), for “his spouse” (in each place where it occurs) there shall be substituted “the member’s spouse or civil partner”;

• (c) in paragraph (8)[^f00011]—

• (i) for “his spouse” (where it first occurs), there shall be substituted “the member’s spouse or civil partner”, and

• (ii) in sub-paragraph (a), for “his spouse” there shall be substituted “the member’s spouse, civil partner”.

• (3) In regulation 6(2)(b) (additional amounts recoverable in respect of pension sharing activity), for “his spouse” there shall be substituted “the member’s spouse or civil partner”.

Pension Sharing (Valuation) Regulations

3

In regulation 2(1)(b) of the Pension Sharing (Valuation) Regulations (Northern Ireland) 2000[^f00012] (rights under a pension arrangement which are not shareable), after “by virtue of being the widow, widower” there shall be inserted “, surviving civil partner”.

Pension Sharing (Implementation and Discharge of Liability) Regulations

4

In regulation 15(2)(b) of the Pension Sharing (Implementation and Discharge of Liability) Regulations (Northern Ireland) 2000[^f00013] (disqualification as a destination for pension credit – annuity contracts and insurance policies), for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”.

Pension Sharing (Pension Credit Benefit) Regulations

5

In regulation 15(2)(a) of the Pension Sharing (Pension Credit Benefit) Regulations (Northern Ireland) 2000[^f00014] (further conditions on which liability may be discharged), for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”.

Pension Sharing (Safeguarded Rights) Regulations

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Sharing of State Scheme Rights (Provision of Information and Valuation) Regulations

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• (1) The Sharing of State Scheme Rights (Provision of Information and Valuation) Regulations (Northern Ireland) 2000[^f00016] shall be amended in accordance with sub-paragraphs (2) and (3).

• (2) In regulation 2 (basic information about the sharing of state scheme rights for the purposes of divorce, etc.)—

• (a) in the heading, after “divorce” there shall be inserted “or dissolution of a civil partnership”;

• (b) in paragraph (1)(b), after “spouse” (in each place where it occurs) there shall be inserted “or civil partner”;

• (c) in paragraph (3)(c), after “spouse” there shall be inserted “or civil partner”;

• (d) in paragraph (5)—

• (i) in sub-paragraph (b), after “the spouse” there shall be inserted “or civil partner”, and

• (ii) after “his spouse,” there shall be inserted “civil partner,”.

• (3) In regulation 3 (information about the sharing of state scheme rights for the purposes of divorce, etc: valuation of shareable state scheme rights), in the heading, after “divorce” there shall be inserted “or dissolution of a civil partnership”.

SCHEDULE 2 — Amendment of legislation relating to occupational pension and personal pension schemes

Personal Pension Schemes (Disclosure of Information) Regulations

1

• (1) The Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 1987[^f00017] shall be amended in accordance with sub-paragraphs (2) to (4).

• (2) In regulation 3(4)(a)(ii) (constitution of scheme), after “spouses” there shall be inserted “and civil partners”.

• (3) In regulation 4(3)(a)(ii) (basic information about the scheme), after “spouses” there shall be inserted “and civil partners”.

• (4) In Schedule 2 (information to be made available to individuals), in paragraph 2A[^f00018]—

• (a) in sub-paragraph (4)(b)—

• (i) after “married” there shall be inserted “or in a civil partnership”, and

• (ii) after “surviving spouse” there shall be inserted “or surviving civil partner”;

• (b) in sub-paragraph (5)(a), after “not married” there shall be inserted “or in a civil partnership”.

Occupational Pension Schemes (Preservation of Benefit) Regulations

2

In regulation 19 of the Occupational Pension Schemes (Preservation of Benefit) Regulations (Northern Ireland) 1991[^f00019] (widows, widowers and dependants)—

• (a) in the heading, after “widowers” there shall be inserted “, surviving civil partners”;

• (b) after “if the person is married to,” there shall be inserted “in a civil partnership with,”;

• (c) after “or (as the case may be)” there shall be inserted “in a civil partnership with, or”.

Occupational Pension Schemes (Revaluation) Regulations

3

In regulation 7(4) of the Occupational Pension Schemes (Revaluation) Regulations (Northern Ireland) 1991[^f00020] (commutation, forfeiture and surrender), for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”.

Occupational Pension Schemes (Internal Dispute Resolution Procedures) Regulations

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Occupational Pension Schemes (Modification of Schemes) Regulations

5

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Occupational Pension Schemes (Disclosure of Information) Regulations

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• (1) The Occupational Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 1997[^f00023] shall be amended in accordance with sub-paragraphs (2) to (6).

• (2) In regulation 3(3)(b) (constitution of scheme), after “spouses” there shall be inserted “and civil partners”.

• (3) In regulation 4(3)(b) (basic information about the scheme), after “spouse” there shall be inserted “or civil partner”.

• (4) In regulation 6(6)(b) (availability and content of annual report), after “spouses” there shall be inserted “and civil partners”.

• (5) In regulation 7(4)(b) (availability of actuarial valuation, schedule of contributions, payment schedule and statement of investment principles), after “spouses” there shall be inserted “and civil partners”.

• (6) In Schedule 2 (information to be made available to individuals), in paragraph 6ZA[^f00024]—

• (a) in sub-paragraph (4)(b)—

• (i) after “married” there shall be inserted “or in a civil partnership”,

• (ii) after “surviving spouse” there shall be inserted “or, as the case may be, a surviving civil partner”;

• (b) in sub-paragraph (5)(a), after “not married” there shall be inserted “or not in a civil partnership”.

Occupational Pension Schemes (Assignment, Forfeiture, Bankruptcy etc.) Regulations

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• (1) The Occupational Pension Schemes (Assignment, Forfeiture, Bankruptcy etc.) Regulations (Northern Ireland) 1997[^f00025] shall be amended in accordance with sub-paragraphs (2) and (3).

• (2) In regulation 2 (commutation of a pension under an occupational pension scheme)—

• (a) in paragraph (1)(b), for “his widow or her widower” there shall be substituted “the member’s widow, widower or surviving civil partner”;

• (b) in paragraph (2), for “widow’s or widower's” (in each place where it occurs) there shall be substituted “widow's, widower’s or surviving civil partner's”.

• (3) In regulation 6(1)(a) (forfeiture of occupational pension), for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”.

Stakeholder Pension Schemes Regulations

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Occupational and Personal Pension Schemes (Bankruptcy) Regulations

9

In regulation 7(2) of the Occupational and Personal Pension Schemes (Bankruptcy) Regulations (Northern Ireland) 2002[^f00028] (calculation and verification of rights under pension arrangements)—

• (a) after “about pensions on divorce” there shall be inserted “and dissolution of a civil partnership”;

• (b) after “domestic and overseas divorce etc.” there shall be inserted “and dissolution of a civil partnership”.

SCHEDULE 3 — Amendment of legislation relating to social security

Social Security (Benefit) (Married Women and Widows Special Provisions) Regulations

1

In regulation 3(1) of the Social Security (Benefit) (Married Women and Widows Special Provisions) (Northern Ireland) Regulations 1975[^f00029] (modifications, in relation to widows, of provisions with respect to short-term incapacity benefit and maternity allowance) after “by reason of remarriage” there shall be inserted “, the formation of a civil partnership”.

Social Security (Employed Earners' Employments for Industrial Injuries Purposes) Regulations

2

In Schedule 1 to the Social Security (Employed Earners' Employments for Industrial Injuries Purposes) Regulations (Northern Ireland) 1975[^f00030], in paragraph 1 of Part II (employments not to be treated as employed earners' employments for industrial injuries purposes)—

• (a) after “spouse” there shall be inserted “or civil partner”;

• (b) in sub-paragraph (a), after “spouse's” there shall be inserted “or civil partner's”.

Social Security (Hospital In-Patients) Regulations

3

• (1) The Social Security (Hospital In-Patients) Regulations (Northern Ireland) 1975[^f00031] shall be amended in accordance with sub-paragraphs (2) to (8).

• (2) In regulation 2(3)(b) (interpretation), for “husband or wife” there shall be substituted “husband, wife or civil partner”.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) In regulation 9(ii)[^f00033] (circumstances in which dependency benefit is to be adjusted), for “husband or wife” there shall be substituted “husband, wife or civil partner”.

• (5) In regulation 11[^f00034] (adjustment of dependency benefit where dependant is husband or wife of beneficiary and is in hospital), in the heading, for “husband or wife” there shall be substituted “husband, wife or civil partner”.

• (6) In regulation 16(1)[^f00035] (adjustment or further adjustment of benefit in certain cases after 52 weeks in hospital), for “wife or husband” (in each place where it occurs) there shall be substituted “wife, husband or civil partner”.

• (7) In regulation 19[^f00036] (treatment of age addition), after “nor with a spouse” there shall be inserted “or civil partner”.

• (8) In Schedule 1 (beneficiary to be regarded as having a dependant if any of these benefits is or would be payable), in paragraph (c)[^f00037], after “spouse” there shall be inserted “or civil partner”.

Social Security (Credits) Regulations

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• (1) The Social Security (Credits) Regulations (Northern Ireland) 1975[^f00038] shall be amended in accordance with sub-paragraphs (2) to (4).

• (2) In regulation 7A(1)[^f00039] (credits for carer’s allowance), for “widow or widower” there shall be substituted “widow, widower or surviving civil partner”.

• (3) In regulation 7C[^f00040] (credits for working tax credit)—

• (a) in paragraphs (2)(a) and (3), for “a married or unmarried couple” there shall be substituted “a couple”;

• (b) in paragraph (6), for ““married couple” and “unmarried couple” have” there shall be substituted ““couple” has”[^f00041].

• (4) In regulation 8C(2)[^f00042] (credits on termination of bereavement benefits), after “remarriage” there shall be inserted “, forming a civil partnership,”.

Social Security (Invalid Care Allowance) Regulations

5

In regulation 9(3)(c) of the Social Security (Invalid Care Allowance) Regulations (Northern Ireland) 1976[^f00043] (conditions relating to residence and presence in Northern Ireland), after “spouse,” there shall be inserted “civil partner,”.

Social Security Benefit (Dependency) Regulations

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• (1) The Social Security Benefit (Dependency) Regulations (Northern Ireland) 1977[^f00044] shall be amended in accordance with sub-paragraphs (2) to (7).

• (2) In regulation 3 (allocation of contributions for spouse)—

• (a) in the heading[^f00045], after “spouse” there shall be inserted “or civil partner”;

• (b) in paragraphs (1) and (2)[^f00046], after “spouse” (in each place where it occurs) there shall be inserted “or civil partner”.

• (3) In regulation 4A[^f00047] (circumstances in which a person who is not entitled to child benefit is to be treated as if he were so entitled)—

• (a) in paragraph (1)(b), after “spouse” there shall be inserted “or civil partner”;

• (b) in paragraph (4)[^f00048], after “spouse” there shall be inserted “or civil partner”.