The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019

(c) applies to a widow’s or widower’s or surviving civil partner’s pension, where the pension is one to which entitlement relies on the Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019, only in respect of amounts payable on or after 13th January 2020;

Pneumoconiosis, etc., (Workers’ Compensation) (Northern Ireland) Order 1979

62

For Article 5(2A) and (2B) of the Pneumoconiosis, etc., (Workers’ Compensation) (Northern Ireland) Order 1979[^f00088] substitute—

(2A) For the purposes of paragraph (1)(c), two persons are in a qualifying relationship if they are living together as if spouses of each other.

Social Security (Northern Ireland) Order 1989

63

In paragraph 2 of Schedule 5 to the Social Security (Northern Ireland) Order 1989[^f00089] (the principle of equal treatment)—

• (a) in sub-paragraph (5), after “marital” insert “, civil partnership”, and

• (b) in sub-paragraph (9)—

• (i) in paragraphs (a) and (b), for “an unmarried” substitute “a relevant”, and

• (ii) in paragraph (b), for the words after “some other person” substitute “, without being married to or civil partners of each other, live together as if spouses of each other”.

Child Support (Northern Ireland) Order 1991

64

• (1) The Child Support (Northern Ireland) Order 1991[^f00090] is amended as follows.

• (2) In Article 27(2)[^f00091] (cases of disputed parentage in which assessment may be made), in paragraph (b) of Case A1, for “was married to” substitute “is a man who was married to, or the civil partner of,”.

• (3) In Article 32L(5)[^f00092] (disposition is reviewable unless made for valuable consideration other than marriage), after “marriage” insert “or formation of a civil partnership”.

• (4) In Part 1 of Schedule 1 (as substituted by the Child Support, Pensions and Social Security Act (Northern Ireland) 2000[^f00093]), for paragraph 10C(5) and (6) substitute—

(5) In sub-paragraph (4)(a) “couple” means— (a) two people who are married to, or civil partners of, each other and are members of the same household, or (b) two people who are not married to, or civil partners of, each other but are living together as if spouses of each other.

• (5) In Part 1 of Schedule 1 (as it has effect otherwise than by virtue of the substitution by that Act of 2000), in paragraph 6—

• (a) in sub-paragraph (5)(b)[^f00094], for sub-paragraphs (i) to (iii) substitute—

(i) is living together in the same household with another adult who is the absent parent’s spouse or civil partner, or (ii) is living together in the same household with another adult as if spouses of each other,

, and

• (b) omit paragraph (5A).

Social Security Contributions and Benefits Act 1992

65

In section 171ZL(4B) of the Social Security Contributions and Benefits Act 1992[^f00095] (statutory adoption pay: meaning of “member of a couple”)—

• (a) in paragraph (a), after “Wales” insert “or Northern Ireland”, and

• (b) omit paragraph (b).

Social Security Contributions and Benefits (Northern Ireland) Act 1992

66

• (1) The Social Security Contributions and Benefits (Northern Ireland) Act 1992[^f00096] is amended as follows.

• (2) In section 37(4)[^f00097] (widowed mother’s allowance for persons widowed before 9th April 2001: events on which allowance ends), for paragraphs (b) and (c) substitute—

or (b) for any period during which she, and a person who is neither her spouse nor her civil partner, are living together as if spouses of each other.

• (3) In section 38(3)[^f00098] (widow’s pension for person’s widowed before 9th April 2001: events on which pension ends), for paragraphs (c) and (d) substitute—

or (c) for any period during which she, and a person who is neither her spouse nor her civil partner, are living together as if spouses of each other.

• (4) In section 39A(5)[^f00099] (widowed parent’s allowance for persons whose spouse or civil partner dies on or after 9th April 2001 but before 6th April 2017: events on which allowance ends), for sub-paragraphs (b) and (c) substitute—

or (b) for any period during which— (i) the surviving spouse or civil partner, and (ii) a person who is neither the spouse, nor the civil partner, of the surviving spouse or civil partner, are living together as if spouses of each other.

• (5) In section 48[^f00100], after subsection (4) insert—

(5) For the purposes of this section, a civil partnership is not to be treated as having terminated— (a) by reason of its having been— (i) converted into a marriage under section 9 of the Marriage (Same Sex Couples) Act 2013; (ii) changed into a marriage under the Marriage (Scotland) Act 1977; (iii) changed into a marriage in accordance with provision made under section 10 of the Marriage and Civil Partnership (Scotland) Act 2014; or (iv) changed into a marriage under Part 5 of the Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 2014; or (b) by reason of a marriage which has been treated in Northern Ireland as a civil partnership ceasing to be so treated with effect from 13 January 2020.

• (6) In section 48A[^f00101] (category B retirement pension for married person or civil partner)—

• (a) after subsection (2) insert—

(2A) And subsection (1) does not confer a right to a Category B retirement pension on a woman whose wife was born before 6 April 1950.

• (b) after subsection (6) insert—

(6A) For the purposes of subsection (5)(b), a person is not to be treated as having ceased to be in a civil partnership— (a) by reason of its having been— (i) converted into a marriage under section 9 of the Marriage (Same Sex Couples) Act 2013; (ii) changed into a marriage under the Marriage (Scotland) Act 1977; (iii) changed into a marriage in accordance with provision made under section 10 of the Marriage and Civil Partnership (Scotland) Act 2014; or (iv) changed into a marriage under Part 5 of the Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 2014; or (b) by reason of a marriage which has been treated in Northern Ireland as a civil partnership ceasing to be so treated with effect from 13 January 2020.

, and

• (c) after subsection (7) insert—

(8) Section 51ZA contains special rules for cases involving changes in gender.

• (7) In section 48AA[^f00102] (category B retirement pension for former spouse or civil partner)—

• (a) after subsection (2) insert—

(2A) And subsection (1) does not confer a right to a Category B retirement pension on a woman whose former wife was born before 6 April 1950.

, and

• (b) after subsection (8) insert—

(9) Section 51ZA contains special rules for cases involving changes in gender.

• (8) In section 48B[^f00103] (category B retirement pension for surviving spouse or civil partner)—

• (a) after subsection (1ZA) insert—

(1ZAA) And subsection (1) does not confer a right to a Category B retirement pension on a woman who attained pensionable age before 6 April 2010 if the spouse was a woman.

, and

• (b) after subsection (10) insert—

(11) Section 51ZA contains special rules for cases involving changes in gender.

• (9) In section 51[^f00104] (category B retirement pension for widower or civil partner)—

• (a) in subsection (1), for “man” substitute “person”,

• (b) in subsection (1), for “wife”, in both places it occurs, substitute “spouse”,

• (c) in subsection (2), after “on” insert—

— (a) a woman whose husband has died, or (b)

, and

• (d) in subsection (7), before the “or” at the end of paragraph (a) insert—

(aa) a surviving party to a marriage of a same sex couple,

, and

• (e) after subsection (11) insert—

(12) Section 51ZA contains special rules for cases involving changes in gender.

• (10) After section 51 insert—

(51ZA) (1) Section 48A(2A) does not prevent a woman from being entitled to a Category B retirement pension under section 48 in a case where— (a) her spouse is a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and (b) the marriage subsisted before the time when that certificate was issued. (2) Section 48AA(2A) does not prevent a woman from being entitled to a Category B retirement pension under section 48AA in a case where— (a) her former spouse was, at the time the marriage was dissolved, a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and (b) the marriage subsisted before the time when that certificate was issued. (3) Section 48B(1ZAA) does not prevent a woman being entitled to a Category B retirement pension under section 48B in a case where— (a) her dead spouse was, at the time of death, a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and (b) the marriage subsisted before the time when that certificate was issued, and in such a case the reference in section 48B(1ZB)(a)(ii) to the spouse having attained pensionable age before 6 April 2010 is to be read as a reference to the spouse having been born before 6 April 1945. (4) Section 51(1) does not confer a right to a Category B retirement pension on a woman if— (a) her dead spouse was, at the time of death, a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and (b) the marriage subsisted before the time when that certificate was issued.

• (11) In section 62[^f00105] (regulations in connection with graduated retirement benefit)—

• (a) in subsection (1), after paragraph (ac) insert—

(ad) for extending section 36 of that Act (increase of woman’s retirement pension by reference to her late husband’s graduated retirement benefit) to— (i) men and their late husbands, and (ii) women and their late wives, and for that section (except subsection (5)) so to apply as it applies to women and their late husbands; (ae) for extending section 36 of that Act (increase of woman’s retirement pension by reference to her late husband’s graduated retirement benefit) to— (i) men and their late husbands, and (ii) women and their late wives, who attained pensionable age before 6th April 2010 and for that section (except subsection (5)) so to apply as it applies to men and their late wives;

, and

• (b) after subsection (2) insert—

(3) In relevant gender change cases, women and their late wives are to be treated for the purposes of sections 35 and 36 of the National Insurance Act (Northern Ireland) 1966 in the same way as women and their late husbands. (4) For that purpose “relevant gender change case”, in relation to a woman (“the pensioner”) and her late wife, means a case where— (a) the late wife was, at the time of her death, a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and (b) the marriage of the pensioner and her late wife subsisted before the time when the certificate was issued.

• (12) In section 77(9)[^f00106] (guardian’s allowance: more than one person entitled)—

• (a) for “a husband and wife are residing together” substitute “a man and woman are married to, or civil partners of, each other and are residing together,”, and

• (b) for “the wife” substitute “the woman”.

• (13) Omit section 121(1A)[^f00107].

• (14) In section 133[^f00108] (interpretation of Part 7)—

• (a) in subsection (1), for the definition of “couple” substitute—

• “couple” means— two people who are married to, or civil partners of, each other and are members of the same household, or two people who are not married to, or civil partners of, each other but are living together as if spouses of each other otherwise than in prescribed circumstances;

, and

• (b) omit subsection (1A).

• (15) In section 141A[^f00109] (entitlement to child benefit after death of child or qualifying young person)—

• (a) in subsection (2)(b), for “an unmarried couple or a cohabiting same-sex couple” substitute “a cohabiting couple”,

• (b) in subsection (5)—

• (i) in the definition of “civil partnership” omit “of the same sex”,

• (ii) for the definition of “cohabiting same-sex couple” substitute—

• “cohabiting couple” means two people who are not married to, or civil partners of, each other but are living together as if spouses of each other;

, and

• (iii) omit the definition of “unmarried couple”, and

• (c) omit subsection (6).

• (16) In section 167ZL[^f00110] (statutory adoption pay: entitlement)—

• (a) in subsection (4)(b) (no election for statutory adoption pay where child being adopted by couple and other member of couple has made election)—

• (i) for “married couple or civil partnership and his spouse or civil partner” substitute “couple and the other member of the couple”, and

• (ii) for “his spouse or civil partner”, in the second place it occurs, substitute “that other member of the couple”, and

• (b) after subsection (4) insert—

(4A) In subsection (4)(b) “couple” has the same meaning as in the Adoption (Northern Ireland) Order 1987 (see Article 2(6) to (8) of that Order).

[^f00111].

• (17) In Schedule 3[^f00112] (contribution conditions for entitlement to benefit), in paragraphs 5(1)(c) and 5A(1)(b), for “51” substitute “51ZA”.

• (18) In Schedule 5 (cases where entitlement to retirement pension is deferred)—

• (a) in paragraph 5(2)[^f00113]—

• (i) in paragraph (a), for “a widow, an” substitute—

a woman— (i) whose deceased spouse was a man, or (ii) who falls within paragraph 7(3) below, an

• (ii) in paragraph (b), for “widower” substitute “man whose deceased spouse was a woman”, and

• (iii) in paragraph (c), for “is a surviving civil partner, an” substitute—

is— (i) a woman who does not fall within paragraph 7(3) below and whose deceased spouse was a woman, (ii) a man whose deceased spouse was a man, or (iii) a surviving civil partner, an

• (b) in paragraph 5A(1), for “widow” substitute—

woman— (a) whose deceased spouse was a man, or (b) who falls within paragraph 7(3) below.

• (c) in paragraph 5A(2) and (3), for “husband”, in each place it occurs, substitute “spouse”,

• (d) in paragraph 6(1), for “widower” substitute “man whose deceased spouse was a woman”,

• (e) in paragraph 6A(1)[^f00114], for “is a surviving civil partner” substitute—

is— (a) a woman who does not fall within paragraph 7(3) below and whose deceased spouse was a woman, (b) a man whose deceased spouse was a man, or (c) a surviving civil partner.

• (f) in paragraph 6A(2)(c), after “deceased” insert “spouse or”, and

• (g) in paragraph 7, after sub-paragraph (2) insert—

(3) For the purposes of paragraphs 5, 5A and 6A above, a woman falls within this sub-paragraph if— (a) she was married to another woman who, at the time of her death, was a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and (b) that marriage subsisted before the time when that certificate was issued.

• (19) In Schedule 7[^f00115] (industrial injuries benefits)—

• (a) in paragraph 4(3)(a), for sub-paragraphs (ii) and (iii) substitute—

or (ii) two people who are not married to, or civil partners of, each other but are living together as if spouses of each other, and

, and

• (b) in paragraph 15(3), for the words after “beneficiary is” substitute “neither married, nor a party to a civil partnership, but is living together with another person as if they were spouses of each other.”.

• (20) In Schedule 10 (priority as between different persons otherwise entitled to child benefit in respect of same child)—

• (a) for paragraph 3 substitute—

(3) Subject to paragraphs 1 and 2 above, as between a man and woman who are married to, or civil partners of, each other and are residing together, the woman shall be entitled.

, and

• (b) in paragraph 4(2)[^f00116], for “not husband and wife” substitute “do not fall within paragraph 3”.

Social Security Administration (Northern Ireland) Act 1992

67

• (1) In the Social Security Administration (Northern Ireland) Act 1992[^f00117], section 110(5) and (6) (competence and compellability of spouses as witnesses) are omitted.

• (2) In consequence of paragraph (1), in Schedule 5 to the Healthy Start Scheme and Day Care Food Scheme Regulations (Northern Ireland) 2006[^f00118], in the entry for section 110 of the Social Security Administration (Northern Ireland) 1992—

• (a) in column 1, for “, (3)(a) and (5)” substitute “and (3)(a)”, and

• (b) in column 2, omit paragraph (d).

• (3) The amendments made by paragraphs (1) and (2) apply only in relation to offences committed on or after 13th January 2020.

Pension Schemes (Northern Ireland) Act 1993

68

• (1) The Pension Schemes (Northern Ireland) Act 1993[^f00119] is amended as follows.

• (2) In section 4(2), in the definition of “guaranteed minimum pension”[^f00120], after “widower’s” insert “, surviving same sex spouse’s”.

• (3) In section 13[^f00121] (minimum pensions for surviving spouses and civil partners)—

• (a) in subsection (2)(a), after “is a man” insert “, or a woman in a relevant gender change case,”,

• (b) in subsection (2), after paragraph (c) insert—

(d) if the earner is a man who has a guaranteed minimum under that section, the weekly rate of the widower’s pension will not be less than the surviving same sex spouse’s guaranteed minimum; (e) if the earner is a woman (other than in a relevant gender change case) who has a guaranteed minimum under that section, the weekly rate of the widow’s pension will not be less than the surviving same sex spouse’s guaranteed minimum.

• (c) in subsection (4), after “surviving civil partner’s” insert “or surviving same sex spouse’s”,

• (d) in subsection (4A)(c), for sub-paragraph (i) substitute—

(i) comprises a period during which— (a) the widow, widower or surviving civil partner, and (b) another person, are living together as if spouses of each other, nor

• (e) in subsection (5), at the beginning insert “In the case of a woman who is the widow of a man,”,

• (f) in subsection (6)—

• (i) at the beginning insert “In any other case,”, and

• (ii) after “widower’s” insert “, widow’s”,

• (g) omit subsection (9), and

• (h) after subsection (10) insert—

(11) This section is subject to regulations under section 34A. (12) In relation to an earner who is a woman, a reference in this section to a relevant gender change case is a reference to a case where— (a) the earner is a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and (b) the marriage of the earner and her widow (that ends with the earner’s death) subsisted before the time when the certificate was issued.

• (4) In section 20D[^f00122] (survivor benefits)—

• (a) in subsection (2), after “if the earner” insert “is a man married to a woman or a woman married to a woman in a relevant gender change case, and the earner”,

• (b) in subsection (3)—

• (i) after “if the earner” insert “is a married woman (other than in a relevant gender change case), a man married to a man, or a civil partner, and the earner”, and

• (ii) after “widower” insert “, widow”, and

• (c) after subsection (3) insert—

(4) In relation to an earner who is a woman, a reference in this section to a relevant gender change case is a reference to a case where— (a) the earner is a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and (b) the marriage of the earner and her widow (that ends with the earner’s death) subsisted before the time when the certificate was issued. (5) This section is subject to regulations under section 34A.

• (5) For section 33(4)[^f00123] (alteration of rules of contracted-out schemes: when beneficiary includes widower or surviving civil partner) substitute—

(4) The reference in subsection (3) to a person entitled to receive benefits under a scheme includes a person who is so entitled by virtue of a qualifying relationship only in such cases as may be prescribed. (5) For that purpose a person is entitled to receive benefits by virtue of a qualifying relationship if the person is so entitled by virtue of being— (a) the widower of a female earner; (b) the widower of a male earner; (c) the widow of a female earner, except where it is a relevant gender change case; or (d) the survivor of a civil partnership with an earner. (6) In relation to a widow of a female earner, the reference in subsection (5)(c) to a relevant gender change case is a reference to a case where— (a) the earner is a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and (b) the marriage of the earner and her widow (that ends with the earner’s death) subsisted before the time when the certificate was issued. (7) This section is subject to regulations under section 34A.

• (6) Before section 35 (and after the italic heading preceding that section) insert—

(34A) to have its special effect in relevant gender change cases only if conditions prescribed in the regulations are met. (1) The Department may, by regulations, make provision for— (a) section 13, (b) section 20D, or (c) section 33, (2) Regulations under subsection (1) may, in particular, prescribe conditions that relate to the provision of information by— (a) one or both of the members of married same sex couples, or (b) the survivors of such couples. (3) The Department may by regulations make further provision about cases where (because of regulations under subsection (1))— (a) section 13, (b) section 20D, or (c) section 33, does not have its special effect in relevant gender change cases. (4) Regulations under subsection (3) may, in particular, provide for the section in question to have its ordinary effect in relevant gender change cases. (5) Regulations under subsection (1) or (3) may, in particular, modify or disapply any enactment that concerns information relating to— (a) the gender or sex of a person, or (b) the change of gender or sex of a person, including any enactment that concerns requests for, or disclosure of, such information. (6) In this section, in relation to section 13, 20D or 33— (a) “relevant gender change case” has the same meaning as in that section; (b) “special effect” means the effect which the section has (if regulations under subsection (1) are ignored) in relation to relevant gender change cases, so far as that effect is different from the section’s ordinary effect; (c) “ordinary effect” means the effect which the section has in relation to same sex married couples in cases that are not relevant gender change cases.

• (7) In section 43(1)[^f00124] (provisions about guaranteed minimum pensions), after “widower” insert “,surviving same sex spouse”.

• (8) In section 80 (revaluation method), as it has effect ignoring the substitution to be made by the Pension Schemes Act (Northern Ireland) 2016[^f00125], in subsection (5)[^f00126], after “widower” insert “, surviving same sex spouse”.

• (9) In section 95(3)(b) (time limit for implementing section 91 option where there is a risk of forfeiture of benefits of the member or widow), for “his widow” substitute “the member’s surviving spouse or civil partner”.

• (10) In paragraph 1(1E)(b)[^f00127] of Schedule 2 (meaning of “accrued benefit”), after “widower” insert “, surviving same sex spouse”.

Jobseekers (Northern Ireland) Order 1995

69

In Article 2 of the Jobseekers (Northern Ireland) Order 1995[^f00128]—

• (a) in paragraph (2), for the definition of “couple” substitute—

• “couple” means— two people who are married to, or civil partners of, each other and are members of the same household, or two people who are not married to, or civil partners of, each other but are living together as if spouses of each other otherwise than in prescribed circumstances;

, and

• (b) omit paragraph (2A).

Social Security (Northern Ireland) Order 1998

70

In Article 68 of the Social Security (Northern Ireland) Order 1998[^f00129] (child benefit for lone parents)—

• (a) in paragraph (2)(b), for “as his spouse or civil partner” substitute “as if spouses of each other”, and

• (b) omit paragraph (3).

State Pension Credit Act (Northern Ireland) 2002

71

In section 17 of the State Pension Credit Act (Northern Ireland) 2002[^f00130] (interpretation)—

• (a) in subsection (1), for the definition of “couple” substitute—

• “couple” means— two people who are married to, or civil partners of, each other and are members of the same household, or two people who are not married to, or civil partners of, each other but are living together as if spouses of each other otherwise than in prescribed circumstances;

, and

• (b) omit subsection (1A).

Welfare Reform Act (Northern Ireland) 2007

72

In paragraph 6 of Schedule 1 to the Welfare Reform Act (Northern Ireland) 2007[^f00131]—

• (a) in sub-paragraph (5), for the definition of “couple” substitute—

• “couple” means— two people who are married to, or civil partners of, each other and are members of the same household, or two people who are not married to, or civil partners of, each other but are living together as if spouses of each other otherwise than in prescribed circumstances;

, and

• (b) omit sub-paragraph (6) (interpretation of definition of “couple”).

Pensions Act (Northern Ireland) 2015

73

In paragraph 4 of Schedule 6 to the Pensions Act (Northern Ireland) 2015[^f00132]—

• (a) the existing text becomes sub-paragraph (1) of paragraph 4, and

• (b) after that sub-paragraph insert—

(2) For the purposes of this paragraph, a civil partnership is not to be treated as having come to an end— (a) by reason of its having been— (i) converted into a marriage under section 9 of the Marriage (Same Sex Couples) Act 2013; (ii) changed into a marriage under the Marriage (Scotland) Act 1977; (iii) changed into a marriage in accordance with provision made under section 10 of the Marriage and Civil Partnership (Scotland) Act 2014; or (iv) changed into a marriage under Part 5 of the Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 2014; or (b) by reason of a marriage which has been treated in Northern Ireland as a civil partnership ceasing to be so treated with effect from 13 January 2020.

Welfare Reform (Northern Ireland) Order 2015

74

• (1) The Welfare Reform (Northern Ireland) Order 2015[^f00133] is amended as follows.

• (2) In Article 45 (meaning of “couple”)—

• (a) for paragraphs (1) and (2) substitute—

(1) In this Part “couple” means— (a) two people who are married to, or civil partners of, each other and are members of the same household, or (b) two people who are not married to, or civil partners of, each other but are living together as if spouses of each other.

, and

• (b) in paragraph (3)(b)—

• (i) for “a man and a woman” substitute “two people”, and

• (ii) for “as husband and wife” substitute “as if spouses of each other”.

PART 7 — Amendments: Pensions and Social Security: Secondary Legislation

Social Security (Benefit) (Married Women and Widows Special Provisions) (Northern Ireland) Regulations 1975

75

In regulation 3 of the Social Security (Benefit) (Married Women and Widows Special Provisions) (Northern Ireland) Regulations 1975[^f00134] (provision where woman ceases to be entitled to widowed mother’s allowance otherwise than by reason of remarriage, formation of a civil partnership, or cohabitation with a man as his wife)—

• (a) in paragraph (1), in the words before sub-paragraph (a), for “a man as his wife,” substitute “another person as if spouses of each other,”, and

• (b) in paragraph (7)(b), for “a man as his wife” substitute “another person as if spouses of each other”.

Social Security (Credits) Regulations (Northern Ireland) 1975

76

• (1) The Social Security (Credits) Regulations (Northern Ireland) 1975[^f00135] are amended as follows.

• (2) In regulation 8C(2), for “a person of the opposite sex as husband and wife” substitute “another person as if spouses of each other”.

• (3) In paragraph 3 of the Schedule, for the words from “consisting” to the end substitute “consisting of two people who are not married to or civil partners of each other but are living together as if spouses of each other.”.

Social Security Benefit (Dependency) Regulations (Northern Ireland) 1977

77

In paragraph 2C of Schedule 2 to the Social Security Benefit (Dependency) Regulations (Northern Ireland) 1977[^f00136], for the definition of “couple” substitute—

• “couple” means— two people who are married to, or civil partners of, each other and are members of the same household, or two people who are not married to, or civil partners of, each other but are living together as if spouses of each other;

Social Security (Graduated Retirement Benefit) (No. 2) Regulations (Northern Ireland) 1978

78

In regulation 3 in Schedule 3 to the Social Security (Graduated Retirement Benefit) (No. 2) Regulations (Northern Ireland) 1978[^f00137] (which sets out regulations 2 and 3 of the Social Security (Graduated Retirement Benefit) Regulations (Northern Ireland) 1978[^f00138] as continued in force with modifications), after “former spouse” insert “or former civil partner”.

Social Security (Widow’s Benefit, Retirement Pensions and Other Benefits) (Transitional) Regulations (Northern Ireland) 1979

79

In the Social Security (Widow’s Benefit, Retirement Pensions and Other Benefits) (Transitional) Regulations (Northern Ireland) 1979[^f00139], in regulation 7(10) (person whose former spouse was a pre-1975 contributor)—

• (a) after “former spouse”, in each place it occurs, insert “or former civil partner”,

• (b) after “said spouse” insert “or civil partner”,

• (c) after “former spouse’s” insert “or former civil partner’s”, and

• (d) after “whichever is the earlier” insert “(or, in the case of a civil partnership, the year 1975/76)”.

Income Support (General) Regulations (Northern Ireland) 1987

80

In regulation 2(1) of the Income Support (General) Regulations (Northern Ireland) 1987[^f00140], for the definition of “couple” substitute—

• “couple” means— two people who are married to, or civil partners of, each other and are members of the same household, or two people who are not married to, or civil partners of, each other but are living together as if spouses of each other;

Social Security (Claims and Payments) Regulations (Northern Ireland) 1987

81

In regulation 2 of the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987[^f00141], for the definition of “couple” substitute—

• “couple” means— two people who are married to, or civil partners of, each other and are members of the same household, or two people who are not married to, or civil partners of, each other but are living together as if spouses of each other;

Judicial Pensions (Requisite Benefits) Order (Northern Ireland) 1988

82

• (1) The Judicial Pensions (Requisite Benefits) Order (Northern Ireland) 1988[^f00142] is amended as follows.

• (2) In article 4, for “his widow” substitute “that person’s surviving spouse or surviving civil partner”.

• (3) In article 7—

• (a) in the heading, for “Widow’s” substitute “Surviving spouse’s or surviving civil partner’s”,

• (b) in paragraph (1), for “his widow” substitute “that person’s surviving spouse or surviving civil partner”, and

• (c) in paragraph (2), for “widow’s” substitute “surviving spouse’s or surviving civil partner’s”.

• (4) In article 9—

• (a) for the heading substitute “Guaranteed minimum pension for surviving spouse or surviving civil partner”,

• (b) in paragraph (1)—

• (i) for “his widow” substitute “that person’s surviving spouse or surviving civil partner”, and

• (ii) for “her” substitute “that survivor’s”, and

• (c) in paragraph (3)(b), for “widow’s” substitute “surviving spouse’s or surviving civil partner’s”.

• (5) Omit article 10.

• (6) In article 11(3), for “widow’s” substitute “surviving spouse’s or surviving civil partner’s”.

• (7) For article 12(1) substitute—

(1) Where, on the date when an office-holder (“O”) ceases to hold office, O is neither married nor in a civil partnership, O may be required to undertake, in return for payment to O of a lump sum under or by virtue of whichever of the enactments mentioned in paragraph (2) is applicable to O, that O will, on the first time afterwards O enters into a relevant relationship, pay a contribution in respect of benefits that may become payable to O’s surviving spouse or surviving civil partner by virtue of articles 7 and 9; and for this purpose O enters into a relevant relationship if O marries or enters into civil partnership.

• (8) In article 12(3)—

• (a) for “the office-holder’s” substitute “O’s”,

• (b) for “his” substitute “O’s prior to 6th April 1997”[^f00143],

• (c) in sub-paragraph (a), for each of “him” and “he” substitute “O”,

• (d) in sub-paragraph (b)(i), for “he was a married man” substitute “O was married or in a civil partnership”, and

• (e) in sub-paragraph (b)(ii), for “his contracted before he” substitute “O’s contracted, or a civil partnership of O’s entered into, before O”.

• (9) In article 13 —

• (a) in the heading, after “marriage” insert “or entry into a civil partnership”, and

• (b) for the words after “Where” substitute “an office-holder (“O”) marries or enters into a civil partnership after O has ceased to hold office, and not more than six months before O’s death, any pension paid to O’s surviving spouse or surviving civil partner by virtue of this Order is to be limited to the guaranteed minimum pension due to that person.”.

Child Support (Maintenance Assessments and Special Cases) Regulations (Northern Ireland) 1992

83

In regulation 1(2) of the Child Support (Maintenance Assessments and Special Cases) Regulations (Northern Ireland) 1992[^f00144], for the definition of “couple” substitute—

• “couple” means— two people who are married to, or civil partners of, each other and are members of the same household, or two people who are not married to, or civil partners of, each other but are living together as if spouses of each other;

Child Support (Collection and Enforcement) Regulations (Northern Ireland) 1992

84

• (1) In regulation 3(9) of the Child Support (Collection and Enforcement) Regulations (Northern Ireland) 1992[^f00145], for the definition of “couple” substitute—

• “couple” means— two people who are married to, or civil partners of, each other and are members of the same household, or two people who are not married to, or civil partners of, each other but are living together as if spouses of each other;

• (2) In regulation 8(5)(c)(ii) of those Regulations (deductibility of contributions towards certain superannuation benefits), for “widow” substitute “surviving spouse”.

Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995

85

In regulation 2(1) of the Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995[^f00146], for the definition of “couple” substitute—

• “couple” means— two people who are married to, or civil partners of, each other and are members of the same household; or two people who are not married to, or civil partners of, each other but are living together as if spouses of each other;

Social Security (Additional Pension) (Contributions Paid in Error) Regulations (Northern Ireland) 1996

86

In regulations 2(3) and 3(2) of the Social Security (Additional Pension) (Contributions Paid in Error) Regulations (Northern Ireland) 1996[^f00147], after “spouse” insert “or civil partner”.

Jobseeker’s Allowance Regulations (Northern Ireland) 1996

87

In regulation 1(2) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996[^f00148], for the definition of “couple” substitute—

• “couple” means— two people who are married to, or civil partners of, each other and are members of the same household, or two people who are not married to, or civil partners of, each other but are living together as if spouses of each other;

Occupational Pension Schemes (Contracting-out) Regulations (Northern Ireland) 1996

88

• (1) The Occupational Pension Schemes (Contracting-out) Regulations (Northern Ireland) 1996[^f00149] are amended as follows.

• (2) Omit regulation 1(1A) (meaning of living together as civil partners).

• (3) In regulation 26(1)—

• (a) in sub-paragraph (b), for paragraphs (iii) and (iv) substitute—

or (iii) lives together with another person as if spouses of each other,

, and

• (b) in sub-paragraph (c), for the words from “death” to the end substitute “death living together with another person, whom he or she is not married to or in a civil partnership with, as if they were spouses of each other.”.

• (4) For regulation 26(2) substitute—

(2) The following provisions do not apply where the scheme member died before 5th December 2005— (i) paragraph (1)(b)(i) so far as it relates to a marriage or remarriage involving two people of the same sex, (ii) paragraph (1)(b)(ii), and (iii) paragraph (1)(b)(iii), and paragraph (1)(c), so far as they relate to the living together of two people of the same sex.

Social Security (Computation of Earnings) Regulations (Northern Ireland) 1996

89

In regulation 2(1) of the Social Security (Computation of Earnings) Regulations (Northern Ireland) 1996[^f00150], for the definition of “couple” substitute—

• “couple” means— two people who are married to, or civil partners of, each other and are members of the same household; or two people who are not married to, or civil partners of, each other but are living together as if spouses of each other;

Contracting-out (Transfer and Transfer Payment) Regulations (Northern Ireland) 1996

90

In the Contracting-out (Transfer and Transfer Payment) Regulations (Northern Ireland) 1996[^f00151], in paragraph 6 of Schedule 2, after “widower’s” insert “or surviving civil partner’s”.

Social Security (Child Maintenance Bonus) Regulations (Northern Ireland) 1996

91

In regulation 1(2) of the Social Security (Child Maintenance Bonus) Regulations (Northern Ireland) 1996[^f00152], for the definition of “couple” substitute—

• “couple” means— two people who are married to, or civil partners of, each other and are members of the same household, or two people who are not married to, or civil partners of, each other but are living together as if spouses of each other;

Occupational Pension Schemes (Scheme Administration) Regulations (Northern Ireland) 1997

92

In the Occupational Pension Schemes (Scheme Administration) Regulations (Northern Ireland) 1997[^f00153], in regulation 7(d), for “husband or wife” substitute “spouse or civil partner”.

Occupational Pension Schemes (Discharge of Liability) Regulations (Northern Ireland) 1997

93

• (1) The Occupational Pension Schemes (Discharge of Liability) Regulations (Northern Ireland) 1997[^f00154] are amended as follows.

• (2) Omit regulation 1(1A)[^f00155].

• (3) In regulation 11[^f00156]—

• (a) in paragraph (4)(b), for paragraphs (iii) to (v) substitute—

(iii) lives together with another person as if they were spouses of each other (and does so without being married to, or the civil partner of, that other person), or (v) at the time of the beneficiary’s death is living together with another person as if they were spouses of each other (and is not at that time married to, or the civil partner of, that other person).

, and

• (b) for paragraph (7) substitute—

(7) The following provisions do not apply where the beneficiary died before 5th December 2005— (a) paragraph (4)(b)(i) so far as it relates to a marriage or remarriage involving two people of the same sex; (b) paragraph (4)(b)(ii), and (c) paragraphs (iii) and (v) of paragraph (4)(b) so far as they relate to the living together of two people of the same sex.

Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999

94

In regulation 1(2) of the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999[^f00157], for the definition of “couple” substitute—

• “couple” means— two people who are married to, or civil partners of, each other and are members of the same household, or two people who are not married to, or civil partners of, each other but are living together as if spouses of each other;

Social Fund Winter Fuel Payment Regulations (Northern Ireland) 2000

95

In regulation 1(2) of the Social Fund Winter Fuel Payment Regulations (Northern Ireland) 2000[^f00158], for the definition of “couple” substitute—

• “couple” means— two people who are married to, or civil partners of, each other and are members of the same household, or two people who are not married to, or civil partners of, each other but are living together as if spouses of each other;

Child Support (Maintenance Calculations and Special Cases) Regulations (Northern Ireland) 2001

96

In regulation 1(2) of the Child Support (Maintenance Calculations and Special Cases) Regulations (Northern Ireland) 2001[^f00159], for the definition of “couple” substitute—

• “couple” means— two people who are married to, or civil partners of, each other and are members of the same household, or two people who are not married to, or civil partners of, each other but are living together as if spouses of each other;

Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001

97

In regulation 1(2) of the Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001[^f00160], for the definition of “couple” substitute—

• “couple” means— two people who are married to, or civil partners of, each other and are members of the same household, or two people who are not married to, or civil partners of, each other but are living together as if spouses of each other;

Tax Credit (Appeals) Regulations (Northern Ireland) 2002

98

In regulation 1(3) of the Tax Credits (Appeals) Regulations (Northern Ireland) 2002[^f00161], for the definition of “couple” substitute—

• “couple” means— two people who are married to, or civil partners of, each other and are members of the same household, or two people who are not married to, or civil partners of, each other but are living together as if spouses of each other;

State Pension Credit Regulations (Northern Ireland) 2003

99

In regulation 1(2) of the State Pension Credit Regulations (Northern Ireland) 2003[^f00162], for the definition of “couple” substitute—

• “couple” means— two people who are married to, or civil partners of, each other and are members of the same household, or two people who are not married to, or civil partners of, each other but are living together as if spouses of each other;

Social Security (Work-focused Interviews for Partners) Regulations (Northern Ireland) 2003

100

In regulation 1(2) of the Social Security (Work-focused Interviews for Partners) Regulations (Northern Ireland) 2003[^f00163], for the definition of “couple” substitute—

• “couple” means— two people who are married to, or civil partners of, each other and are members of the same household, or two people who are not married to, or civil partners of, each other but are living together as if spouses of each other;

Travelling Expenses and Remission of Charges Regulations (Northern Ireland) 2004

101

• (1) The Travelling Expenses and Remission of Charges Regulations (Northern Ireland) 2004[^f00164] are amended as follows.

• (2) In regulation 2—

• (a) in the definition of “couple”, for “means a married couple or unmarried couple as specified under” substitute “has the meaning given by”, and

• (b) in the definition of “partner” omit “married or an unmarried”.

• (3) In Schedule 1, in Table A, in the paragraph 8A treated as inserted in Schedule 8 to the 1987 Regulations, omit “married or unmarried”.

Financial Assistance Scheme Regulations 2005

102

In regulation 2(1) of the Financial Assistance Scheme Regulations 2005[^f00165], for the definition of “partner” substitute—

• “partner” means a person who was not married to, or in a civil partnership with, the qualifying member but who was living with that member as if that person and the qualifying member were a married couple or civil partners;

Pension Protection Fund (Compensation) Regulations (Northern Ireland) 2005

103

In regulation 1(2) of the Pension Protection Fund (Compensation) Regulations (Northern Ireland) 2005[^f00166], in the definition of “relevant partner”—

• (a) for “— (a)” substitute “but”, and

• (b) for the words from “are husband and wife” to the end substitute “were spouses of each other;”.

Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 2005

104

In regulation 2(1) of the Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 2005[^f00167], for the definition of “couple” substitute—

• “couple” means— two people who are married to, or civil partners of, each other and are members of the same household, or two people who are not married to, or civil partners of, each other but are living together as if spouses of each other;

Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 2006

105

In Schedule 6 to the Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 2006[^f00168], in item 26, in the third column, after “who has not” insert “married or”.

Occupational Pension Schemes (Modification of Schemes) Regulations (Northern Ireland) 2006

106

• (1) The Occupational Pension Schemes (Modification of Schemes) Regulations (Northern Ireland) 2006[^f00169] are amended as follows.

• (2) In regulation 3 (modifications to which subsisting rights provisions do not apply)—

• (a) omit the “or” at the end of paragraph (h),

• (b) in paragraph (i), in each of sub-paragraphs (i) and (ii), for “widow or widower” substitute “surviving opposite sex spouse”, and

• (c) after paragraph (i) insert—

, or (j) which provides in relation to all or part of a member’s subsisting rights that after the member’s death— (i) a surviving same sex spouse is treated in the same way as a surviving opposite sex spouse, and (ii) the rights of any other survivor of the member are determined as if the surviving same sex spouse were a surviving opposite sex spouse.

• (3) In regulation 7(1) (modifications which trustees may make), for “widow or widower”, in both places it occurs, substitute “surviving opposite sex spouse”.

• (4) After regulation 7 insert—

(7ZA) The trustees of a trust scheme may by resolution modify the scheme in relation to all or part of a member’s subsisting rights so that after the member’s death— (a) a surviving same sex spouse is treated in the same way as a surviving opposite sex spouse, and (b) the rights of any other survivor are determined as if the surviving same sex spouse were a surviving opposite sex spouse.

Pension Protection Fund (General and Miscellaneous Amendments) Regulations (Northern Ireland) 2006

107

In the Pension Protection Fund (General and Miscellaneous Amendments) Regulations (Northern Ireland) 2006[^f00170], in the definition of “relevant partner” in regulation 1(2)—

• (a) for “— (a)” substitute “but”, and

• (b) for the words from “husband and wife” to the end substitute “spouses of each other;”.

Housing Benefit regulations of 2006

108

In regulation 2(1) of the Housing Benefit Regulations (Northern Ireland) 2006[^f00171], and in regulation 2(1) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006[^f00172], for the definition of “couple” substitute—

• “couple” means— two people who are married to, or civil partners of, each other and are members of the same household, or two people who are not married to, or civil partners of, each other but are living together as if spouses of each other;

Rate Relief regulations of 2007

109

• (1) In the Rate Relief (Qualifying Age) Regulations (Northern Ireland) 2007[^f00173], omit regulation 52(4) and (5) (competence and compellability of spouses as witnesses).

• (2) In the Rate Relief (General) Regulations (Northern Ireland) 2007[^f00174], omit regulation 53(4) and (5) (competence and compellability of spouses as witnesses).

• (3) The amendments made by paragraphs (1) and (2) apply only in relation to offences committed on or after 13th January 2020.

Employment and Support Allowance Regulations (Northern Ireland) 2008

110

In regulation 2(1) of the Employment and Support Allowance Regulations (Northern Ireland) 2008[^f00175], for the definition of “couple” substitute—

• “couple” means— two people who are married to, or civil partners of, each other and are members of the same household, or two people who are not married to, or civil partners of, each other but are living together as if spouses of each other;

Pension Protection Fund (Pension Compensation Sharing and Attachment on Divorce etc.) Regulations (Northern Ireland) 2011

111

In regulation 1(2) of the Pension Protection Fund (Pension Compensation Sharing and Attachment on Divorce etc.) Regulations (Northern Ireland) 2011[^f00176], in the definition of “relevant partner”, for the words from “and who was living” to the end substitute “but who was living with the transferee as if spouses of each other”.

State Pension Regulations (Northern Ireland) 2015

112

For regulation 30(4) of the State Pension Regulations (Northern Ireland) 2015[^f00177] substitute—

(4) In this regulation “couple” means— (a) two people who are married to, or 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 (b) two people who are not married to, or civil partners of, each other but are living together as if spouses of each other.

Occupational Pension Schemes (Schemes that were Contracted-out) Regulations (Northern Ireland) 2016

113

• (1) The Occupational Pension Schemes (Schemes that were Contracted-out) Regulations (Northern Ireland) 2016[^f00178] are amended as follows.

• (2) In regulation 12(1)—

• (a) in the words before sub-paragraph (a), for “a pension to be payable to a widower or surviving civil partner” substitute “such a pension to be payable”, and

• (b) in sub-paragraphs (a) to (e), after “widower”, in each place it occurs, insert “, widow”.

• (3) In regulation 13—

• (a) in the heading, after “widower’s” insert “, widow’s”,

• (b) in paragraphs (1), (3) and (3B), after “widower’s” insert “, widow’s”,

• (c) in paragraph (4)(a), after “widower” insert “, widow”,

• (d) in paragraph (4), for sub-paragraphs (b) to (d) substitute—

(b) during which the surviving spouse or civil partner is under pensionable age and he or she and another person are living together as if spouses of each other; or (c) after the surviving spouse or civil partner has attained pensionable age if, immediately before he or she attained that age, he or she and another person were living together as if spouses of each other.

• (e) in paragraph (4A)(a), after “widower” insert “, widow”, and

• (f) in paragraph (4A), for sub-paragraph (b) substitute—

(b) during which the surviving spouse or civil partner and another person are living together as if spouses of each other.

, and

• (g) in paragraph (5)—

• (i) before sub-paragraph (a) insert—

(za) paragraphs (4)(a)(i) and (4A)(a)(i) so far as they relate to a marriage involving two people of the same sex,

, and

• (ii) in sub-paragraph (a) omit “(b)(ii), (c)(ii) and (d)(ii), and”,

• (iii) in sub-paragraph (b), for “and (b)(ii).” substitute “, and”, and

• (iv) after sub-paragraph (b) insert—

(c) paragraphs (4)(b) and (c) and (4A)(b) so far as they relate to the living together of two people of the same sex.

• (4) In regulation 19—

• (a) in paragraph (2)(b)(ii), after “widower’s” insert “, widow’s”,

• (b) in paragraph (3)(b)(i), for the words after “surviving civil partner” substitute “and another person are living together as if spouses of each other, nor”,

• (c) in paragraph (3)(c), after “for widows” insert “whose spouse was a man”,

• (d) in paragraph (3)(d)—

• (i) after “widowers” insert “, widows whose spouse was a woman”, and

• (ii) after “widower’s” insert “, widow’s”, and

• (e) in paragraph (4)—

• (i) at the beginning insert “For the purposes of paragraph (3)(b),”, and

• (ii) for sub-paragraph (a) (including the “and” at the end) substitute—

(a) paragraph (3)(b)(i) so far as it relates to the living together of two people of the same sex; (aa) paragraph (3)(b)(ii)(aa) so far as it relates to a marriage involving two people of the same sex, and

Welfare Supplementary Payment Regulations (Northern Ireland) 2016

114

In the Welfare Supplementary Payment Regulations (Northern Ireland) 2016[^f00179], in regulation 3(1), in the definition of “couple”—

• (a) in paragraph (a), for “a man and a woman who are married to” substitute “two people who are married to, or civil partners of,”,

• (b) for paragraph (b) substitute—

(b) two people who are not married to, or civil partners of, each other but are living together as if spouses of each other;

• (c) omit paragraphs (c) and (d), but not the “or” at the end, and

• (d) omit the words after paragraph (e).

Jobseeker’s Allowance Regulations (Northern Ireland) 2016

115

In the Jobseeker’s Allowance Regulations (Northern Ireland) 2016[^f00180], omit regulation 3(4) (interpretation of definition of “couple” in the Jobseekers (Northern Ireland) Order 1995).

Employment and Support Allowance Regulations (Northern Ireland) 2016

116

In regulation 2 of the Employment and Support Allowance Regulations (Northern Ireland) 2016[^f00181], for the definition of “couple” substitute—

• “couple” means— two people who are married to, or civil partners of, each other and are members of the same household, or two people who are not married to, or civil partners of, each other but are living together as if spouses of each other;

Discretionary Support Regulations (Northern Ireland) 2016

117

In the Discretionary Support Regulations (Northern Ireland) 2016[^f00182], in regulation 3(1), in the definition of “couple”—

• (a) in paragraph (a), for “a man and a woman who are married to” substitute “, two people who are married to, or civil partners of,”,

• (b) for paragraph (b) substitute—

(b) two people who are not married to, or civil partners of, each other but are living together as if spouses of each other;

• (c) omit paragraphs (c) and (d), but not the “or” at the end, and

• (d) omit the words after paragraph (e).

Rate Relief Regulations (Northern Ireland) 2017

118

In regulation 2(1) of the Rate Relief Regulations (Northern Ireland) 2017[^f00183], for the definition of “couple” substitute—

• “couple” means— two people who are married to, or civil partners of, each other and are members of the same household; or two people who are not married to, or civil partners of, each other but are living together as if spouses of each other;

PART 8 — Public Service Pension Schemes

Police

119

• (1) The Royal Ulster Constabulary Pensions Regulations 1988[^f00184] are amended as follows.

• (2) In regulation A11(2)[^f00185] (meaning of “disablement”) omit “or the widower of a member”.

• (3) In regulation G6[^f00186] (payments by women members to enhance widowers’ awards)—

• (a) after paragraph (1A)[^f00187] insert—

(1B) An election under this regulation which is made by virtue of the amendments to these Regulations by the Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 may secure the counting of pensionable service before 6th April 1988 irrespective of whether an election to which paragraph (1A) applies was previously made.

• (b) in paragraph (3), after sub-paragraph (f)[^f00188] insert—

, or (g) in the case of a woman by whom contributions are payable under regulation G2 on or before 13th January 2020 who elects to secure the counting of pensionable service after 5th April 1988 and before 17th May 1990 (not being service which is already the subject of an election to enhance her surviving spouse’s or surviving civil partner’s award), 13th January 2020, or (h) in the case of a woman who was or is entitled to make an election under paragraph (1) to which sub-paragraphs (e) to (g) apply, who elects to secure the counting of pensionable service before 6th April 1988 (not being service which is already the subject of an election to enhance her surviving spouse’s or surviving civil partner’s award), 13th January 2020.

• (c) in paragraph (4A)[^f00189], for “or (f)” substitute “, (f), (g) or (h)”, and

• (d) in paragraph (13)(a)[^f00190], for “or (f)” substitute “, (f), (g) or (h)”.

• (4) In regulation J1[^f00191] (member with a guaranteed minimum for the purposes of the Social Security Pensions (Northern Ireland) Order 1975)—

• (a) in paragraph (4)—

• (i) in the words before sub-paragraph (a), omit “that entitlement shall cease if she remarries or has remarried or forms a civil partnership before attaining the age of 60 years and”, and

• (ii) omit sub-paragraph (b), and the “or” preceding it,

• (b) in paragraph (4A)—

• (i) in the words before sub-paragraph (a), omit “that entitlement shall cease if he remarries or has remarried or forms a civil partnership before attaining the age of 65 years and”, and

• (ii) omit sub-paragraph (b), and the “or” preceding it,

• (c) in paragraph (4B)—

• (i) in the words before sub-paragraph (a)—

• (aa) after “leaving” insert “a surviving spouse who is the same sex as the member or”,

• (bb) before “surviving civil partner” insert “surviving spouse or”, and

• (cc) omit “that entitlement shall cease if he marries, remarries or has married or remarried or forms a civil partnership before attaining the age of 65 years and”, and

• (ii) omit sub-paragraph (b), and the “or” preceding it,

• (d) in paragraph (5B), before “surviving civil partner” insert “surviving spouse or”, and

• (e) after paragraph (7) insert—

(8) Regulations 6(1) and (2) and 7(1) to (3) of the Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (effect of, and interpretation of existing legislation in consequence of, extension of marriage to same-sex couples) do not apply to provisions of this regulation other than the provisions substituted by regulation 119(4) of those Regulations.

• (5) In Schedule C (widow’s awards)—

• (a) in paragraph 1 of Part 1, in sub-paragraph (2A)[^f00192], for “a widower” substitute “the surviving spouse”,

• (b) in paragraph 1 of Part 1, omit sub-paragraphs (2B) and (2C)[^f00193],

• (c) in paragraph 3[^f00194] of Part 1, for “a man or a surviving civil partner of a woman” substitute “a surviving spouse or a surviving civil partner”,

• (d) in paragraph 1 of Part 3, in sub-paragraph (1A)[^f00195], for “a widower” substitute “the surviving spouse”,

• (e) in paragraph 1 of Part 3, omit sub-paragraphs (1B) and (1C)[^f00196],

• (f) in paragraph 3 of Part 3, in sub-paragraph (4)[^f00197], for “man or a surviving civil partner of a woman” substitute “surviving spouse or a surviving civil partner”,

• (g) in paragraph 4[^f00198] of Part 4, for “a widower” substitute “the surviving spouse”,

• (h) omit paragraphs 5 and 6[^f00199] of Part 4,

• (i) in paragraph 1[^f00200] of Part 5—

• (i) in sub-paragraph (a)—

• (aa) for “a widower” substitute “the surviving spouse”, and

• (bb) omit “, subject to paragraph 1A,”, and

• (ii) omit sub-paragraph (b), and the “and” preceding it, and

• (j) omit paragraph 1A[^f00201] of Part 5.

120

• (1) The Police Service of Northern Ireland and Police Service of Northern Ireland Reserve (Injury Benefit) Regulations 2006[^f00202] are amended as follows.

• (2) In regulation 6(4), for “widower” substitute “surviving spouse”.

• (3) In regulation 12—

• (a) in paragraph (1B)(a)(iii)[^f00203] omit the words after “free to marry each other”,

• (b) in paragraph (7), for “to (12)” substitute “to (10)”,

• (c) in paragraph (9), for “paragraphs (10), (11) and (12)” substitute “paragraph (10)”,

• (d) in paragraph (10), for “a widower” substitute “the surviving spouse”, and

• (e) omit paragraphs (11) and (12).

• (4) The amendment made by paragraph (3)(a) applies only where the police officer dies on or after 13th January 2020.

• (5) In regulation 19(1), for sub-paragraphs (c) and (d) substitute—

or (c) where the police officer was a woman who was married or in a civil partnership, and where her spouse or civil partner was permanently disabled at the time the police officer died, to her surviving spouse or surviving civil partner,

• (6) In paragraph 2(a) of Schedule 5, for “widower” substitute “surviving spouse”.

Local Government

121

• (1) In the Local Government Pension Scheme (Amendment and Transitional Provision) Regulations (Northern Ireland) 2014[^f00204], regulation 17 (survivor benefits) is amended as follows.

• (2) In paragraph (5)—

• (a) the words from “the definition of “eligible child”” to the end become sub-paragraph (a), and

• (b) after that sub-paragraph insert—

(b) subject to sub-paragraph (d), any calculation of the survivor benefit payable under the former regulations to a person who is the surviving same-sex civil partner of a member or who is the surviving spouse of a same sex marriage with a member is to be on the basis that the survivor is a widow, irrespective of the sex of the member; (c) any calculation of the survivor pension payable under the former regulations to a person who is a surviving opposite-sex civil partner of a member is to be on the basis that the survivor is a widow or widower, depending on their sex; (d) in respect of a calculation under sub-paragraph (b) where the member left under a scheme to which the 2000 Regulations or the 2002 Regulations apply and died before 1st April 2015, any reference to contracted out membership is to be read as including contracted in membership.

• (3) In paragraph (7)—

• (a) omit sub-paragraph (a),

• (b) in sub-paragraph (b)—

• (i) before “survivor” insert “male”, and

• (ii) omit the “and” at the end, and

• (c) after sub-paragraph (c) insert—

; and (d) the male survivor of a female— (i) deferred member, or (ii) pensioner member, where the survivor was in an opposite-sex civil partnership with the member which was formed after the member’s active membership ceased.

• (4) For paragraphs (8) and (9) substitute—

(8) Any calculation of any survivor pension payable under the former regulations is only to take account of membership accrued by that member after 5th April 1978 where— (a) a member enters into a same-sex civil partnership or same-sex marriage after leaving active membership and dies; (b) a male deferred member or pensioner member marries and dies leaving a female survivor; or (c) a male deferred member or pensioner member enters into an opposite-sex civil partnership and dies leaving a female survivor. (9) Despite paragraph (5)(b), for the purposes of paragraphs (6) and (8), membership includes— (a) relevant additional membership that would have counted as membership for the purposes of regulations 44 and 44A of the 2002 Regulations (reduction of some surviving spouses’ and civil partners’ pensions); (b) membership that would have counted under regulation F3, F4 or F5 (spouse pensions in certain cases) of the 2000 Regulations by virtue of regulation F6 (post-retirement marriages) of those Regulations; and (c) any membership purchased under regulation 14A of the Benefit Regulations (elections to pay additional contributions: survivor benefits). (10) In this regulation— - “opposite-sex civil partnership” means a civil partnership formed between two persons who are not of the same sex; - “same-sex civil partnership” means a civil partnership formed between two persons who are of the same sex; - “surviving opposite-sex civil partner of a member” means a person who, at the time of a member’s death, was in a civil partnership with the member and was of the opposite sex to the member; - “surviving same-sex civil partner of a member” means a person who, at the time of a member’s death, was in a civil partnership with the member and was of the same sex as the member; - “surviving spouse of a same-sex marriage with a member” means a person who, at the time of a member’s death, was married to the member and was of the same sex as the member.

Civil Service

122

• (1) The Principal Civil Service Pension Scheme (Northern Ireland) 1981, made on 20th November 1981[^f00205], is amended as follows.

• (2) In Section 1 (the 2002 Section), after rule E1.A insert—

(E.1B) (1) In this Section of the Scheme— (a) a reference to civil partnership is to be read as including a reference to marriage of a same-sex couple, (b) a reference to civil partners is to be read as including a reference to a married same-sex couple, (c) a reference to a civil partner is to be read as including a reference to a person who is married to a person of the same sex, and (d) a reference to a surviving civil partner is to be read as including a reference to a survivor of a marriage of a same-sex couple. (2) Where paragraph (1) requires a reference to be read in a particular way, any related reference (such as a reference to a civil partnership that has ended or a reference to a person whose civil partnership has ended) is to be read accordingly. (3) For the purposes of paragraphs (1) and (2) it does not matter how a reference is expressed. (4) Regulation 7(1) to (3) of the Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 do not apply to the interpretation of this Section of the Scheme. (5) Regulation 6(1) and (2) of those Regulations have effect subject to paragraphs (1) to (4).

• (3) In Section 2 (the 1972 Section), in Section 4 (widows’ and dependants’ benefits), in Part 8 (civil partnership), after rule 4.79 insert—

(4.79A) For the purposes of rule 4.79 it does not matter whether the civil servant or the civil servant’s surviving civil partner is a man or a woman but a surviving civil partner is only entitled to pension and other benefits payable under the rules of this scheme as they apply to them as either a widow or widower (and not as both). (4.79B) Where rule 4.79 requires a reference to be read in a particular way, any related reference (such as a reference to a civil partnership that has ended or a reference to a person whose civil partnership has ended) is to be read accordingly. (4.79C) For the purposes of rules 4.79, 4.79A and 4.79B it does not matter how a reference is expressed.

• (4) In Section 2 (the 1972 Section), in Section 4 (widows’ and dependants’ benefits), after Part 8 insert—

(4.84) In this scheme— (i) a reference to civil partnership is to be read as including a reference to marriage of a same-sex couple, (ii) a reference to civil partners is to be read as including a reference to a married same-sex couple, (iii) a reference to a civil partner is to be read as including a reference to a person who is married to a person of the same sex, and (iv) a reference to a surviving civil partner is to be read as including a reference to a survivor of a marriage of a same-sex couple. (4.85) Where rule 4.84 requires a reference to be read in a particular way, any related reference (such as a reference to a civil partnership that has ended or a reference to a person whose civil partnership has ended) is to be read accordingly. (4.86) For the purposes of rules 4.84 and 4.85 it does not matter how a reference is expressed. (4.87) Regulation 7(1) to (3) of the Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 do not apply to the interpretation of this scheme. (4.88) Regulation 6(1) and (2) of those Regulations have effect subject to rules 4.84 to 4.87.

• (5) In Section 3 (the 2007 Section), after rule F.1 insert—

(F.1A) (1) In this Section— (a) a reference to civil partnership is to be read as including a reference to marriage of a same-sex couple, (b) a reference to civil partners is to be read as including a reference to a married same-sex couple, (c) a reference to a civil partner is to be read as including a reference to a person who is married to a person of the same sex, and (d) a reference to a surviving civil partner is to be read as including a reference to a survivor of a marriage of a same-sex couple. (2) Where paragraph (1) requires a reference to be read in a particular way, any related reference (such as a reference to a civil partnership that has ended or a reference to a person whose civil partnership has ended) is to be read accordingly. (3) For the purposes of paragraphs (1) and (2) it does not matter how a reference is expressed. (4) Regulation 7(1) to (3) of the Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 do not apply to the interpretation of this Section of the Scheme. (5) Regulation 6(1) and (2) of those Regulations have effect subject to paragraphs (1) to (4).

Other public service pension schemes

123

• (1) In this regulation “relevant scheme” means a pension scheme established by one or more instruments made under Northern Ireland legislation by a Department or other public authority and relating to service connected with any of the following public services—

• (a) firefighting, or fire and rescue services, in Northern Ireland;

• (b) health services, or personal social services, in Northern Ireland;

• (c) teaching in Northern Ireland.

• (2) Regulations 6(1) and (2) and 7(1) to (3) do not apply to existing provisions of a relevant scheme.

• (3) The existing provisions of a relevant scheme are to apply (despite anything to the contrary in those provisions and so far as they do not otherwise do so)—

• (a) in relation to a man who is the surviving civil partner of a female member as they apply in relation to the widower of a female member, and

• (b) in relation to—

• (i) any other surviving civil partner of a member,

• (ii) the widower of a male member, or

• (iii) the widow of a female member,

as they apply in relation to the widow of a male member, and

• (c) without taking account of any full gender recognition certificate issued under the Gender Recognition Act 2004 to a member, or a member’s spouse or civil partner, at a time during their marriage or civil partnership.

• (4) Power to make or amend a relevant scheme includes power to modify the application of, or disapply, either or both of paragraphs (2) and (3) in relation to the scheme or any provision of the scheme.

• (5) In this regulation “existing provisions” means provisions made before 13th January 2020.

PART 9 — Amendments: Other Primary Legislation

Criminal Justice Act (Northern Ireland) 1945

124

In section 37 of the Criminal Justice Act (Northern Ireland) 1945[^f00206] (replacement of presumption of marital coercion with a statutory defence thereof)—

• (a) for “wife”, in the second place it occurs, substitute “spouse or civil partner”;

• (b) for “husband”, in the third place it occurs, substitute “other spouse or civil partner”.

Age of Marriage Act (Northern Ireland) 1951

125

• (1) In section 1(1) of the Age of Marriage Act (Northern Ireland) 1951[^f00207] (marriage void if either party under 16), omit the proviso (defence, to certain sexual offences, where defendant has reasonable cause to believe girl against whom offence committed was defendant’s wife).

• (2) The amendment made by paragraph (1) applies only in relation to offences committed on or after 13th January 2020.

Administration of Estates Act (Northern Ireland) 1955

126

• (1) Section 7 of the Administration of Estates Act (Northern Ireland) 1955[^f00208] (rights of surviving spouse or civil partner) is amended as follows.

• (2) In subsection (7)[^f00209]—

• (a) omit “, or Article 20(2) of the Matrimonial Causes (Northern Ireland) Order 1978,”;

• (b) after “2004” insert “, or of Article 20(2) of the Matrimonial Causes (Northern Ireland) Order 1978”.

• (3) The amendments made by paragraph (2) apply only in relation to decrees of judicial separation granted in respect of marriages that are entered into on or after 13th January 2020.

King George VI Memorial Youth Council Act (Northern Ireland) 1957

127

• (1) The First Schedule to the King George VI Memorial Youth Council Act (Northern Ireland) 1957[^f00210] is amended as follows.

• (2) In paragraph 23 (superannuation), for “wives, widows”, in both places it occurs, substitute “spouses, surviving spouses, civil partners, surviving civil partners”.

Land Registration Act (Northern Ireland) 1970

128

In section 82(3) of the Land Registration Act (Northern Ireland) 1970[^f00211], for “husband or wife” substitute “spouse or civil partner”.

Civil Evidence Act (Northern Ireland) 1971

129

• (1) The Civil Evidence Act (Northern Ireland) 1971[^f00212] is amended as follows.

• (2) In section 10(3) and (4)[^f00213], for “husband or wife” substitute “spouse or civil partner”.

• (3) In section 14(2), in the words after the definition of “legal proceedings”—

• (a) for “husband or wife” substitute “spouse or civil partner”;

• (b) after “married to” insert “, or the civil partner of,”.

Housing on Farms Act (Northern Ireland) 1972

130

In section 16 of the Housing on Farms Act (Northern Ireland) 1972[^f00214], in the definition of “family”, after “or marriage” insert “or civil partnership”.

Land Acquisition and Compensation (Northern Ireland) Order 1973

131

In Article 47(6)(a)(ii) of the Land Acquisition and Compensation (Northern Ireland) Order 1973[^f00215], after “spouse” insert “or civil partner”.

Solicitors (Northern Ireland) Order 1976

132

In Article 28(2)(b) of the Solicitors (Northern Ireland) Order 1976[^f00216], for “widow” substitute “surviving spouse or civil partner”.

Sex Discrimination (Northern Ireland) Order 1976

133

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Fatal Accidents (Northern Ireland) Order 1977

134

In Article 5(3) of the Fatal Accidents (Northern Ireland) Order 1977[^f00218] (disregard of certain post-death benefits accruing to widows)—

• (a) for “widow”, in both places it occurs, substitute “surviving spouse”,

• (b) for “her husband”, substitute “that person’s spouse”, and

• (c) for “her”, in the second place it occurs, substitute “the surviving spouse’s”.

Rates (Northern Ireland) Order 1977

135

• (1) The Rates (Northern Ireland) Order 1977[^f00219] is amended as follows.

• (2) In Article 29A[^f00220]—

• (a) in paragraph (9), for the words from “if—” to the end substitute “if the two persons are married to, or civil partners of, each other, or are living together as if spouses of each other.”;

• (b) omit paragraph (10).

• (3) In Article 31AA(6)(a)[^f00221], after “marriage” insert “or civil partnership”.

Rent (Northern Ireland) Order 1978

136

In Schedule 4 to the Rent (Northern Ireland) Order 1978[^f00222], in each of the following provisions, for “widow” substitute “surviving spouse or civil partner”—

• (a) in Case 14, paragraph (a);

• (b) in Case 15, paragraphs (a) and (d);

• (c) in Case 16, paragraph (1)(a) and (b)(i) and (ii).

Inheritance (Provision for Family and Dependants) (Northern Ireland) Order 1979

137

• (1) Article 4 of the Inheritance (Provision for Family and Dependants) (Northern Ireland) Order 1979[^f00223] (powers of court to make orders) is amended as follows.

• (2) In paragraph (5)(a), for the words from “either” to “jointly” substitute—

— (i) issue of the deceased and the surviving spouse, (ii) children adopted by the deceased and the surviving spouse jointly, (iii) issue of the deceased and adopted by the surviving spouse, or (iv) adopted by the deceased and the issue of the surviving spouse

• (3) After paragraph (5) insert—

(6) Where— (a) the deceased is survived by a civil partner (“the surviving civil partner”) and is also survived by children who are— (i) issue of the deceased and the surviving civil partner, (ii) children adopted by the deceased and the surviving civil partner jointly, (iii) issue of the deceased and adopted by the surviving civil partner, or (iv) adopted by the deceased and the issue of the surviving civil partner; and (b) the surviving civil partner becomes entitled under the deceased’s will or the law relating to intestacy, or a combination of the deceased’s will and that law, to the net estate of the deceased or to an interest in the estate which amounts to a reasonable financial provision for both the surviving civil partner and the children, the court shall not make an order under this Article on the application of any of the children who is a minor.

• (4) The amendments made by paragraphs (2) and (3) apply only in relation to deaths occurring on or after 13th January 2020.

Domestic Proceedings (Northern Ireland) Order 1980

138

In Article 2(2) of the Domestic Proceedings (Northern Ireland) Order 1980[^f00224], in the definition of “child”, for the words from “includes” to the end substitute “is to be construed in accordance with Article 155(1) of the Children (Northern Ireland) Order 1995[^f00225]”.

Judgments Enforcement (Northern Ireland) Order 1981

139

In paragraph 3(c)(ii) of Schedule 1 to the Judgments Enforcement (Northern Ireland) Order 1981[^f00226] (amounts deductible for purposes of a superannuation scheme are deductible in calculating “attachable earnings”), for “widows,” substitute “surviving spouses, surviving civil partners,”.

Mental Health (Northern Ireland) Order 1986

140

• (1) The Mental Health (Northern Ireland) Order 1986[^f00227] is amended as follows.

• (2) In Article 32 (definition of “nearest relative”)—

• (a) in paragraph (1)(a), after “spouse” insert “or civil partner”;

• (b) in paragraph (4)—