PART 7Amendments: Pensions and Social Security: Secondary Legislation
Social Security (Benefit) (Married Women and Widows Special Provisions) (Northern Ireland) Regulations 1975I175
In regulation 3 of the Social Security (Benefit) (Married Women and Widows Special Provisions) (Northern Ireland) Regulations 1975134 (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) 1975I276
1
The Social Security (Credits) Regulations (Northern Ireland) 1975135 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) 1977I377
In paragraph 2C of Schedule 2 to the Social Security Benefit (Dependency) Regulations (Northern Ireland) 1977136, for the definition of “couple” substitute—
“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;
Social Security (Graduated Retirement Benefit) (No. 2) Regulations (Northern Ireland) 1978I478
In regulation 3 in Schedule 3 to the Social Security (Graduated Retirement Benefit) (No. 2) Regulations (Northern Ireland) 1978137 (which sets out regulations 2 and 3 of the Social Security (Graduated Retirement Benefit) Regulations (Northern Ireland) 1978138 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) 1979I579
In the Social Security (Widow’s Benefit, Retirement Pensions and Other Benefits) (Transitional) Regulations (Northern Ireland) 1979139, 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) 1987I680
In regulation 2(1) of the Income Support (General) Regulations (Northern Ireland) 1987140, for the definition of “couple” substitute—
“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;
Social Security (Claims and Payments) Regulations (Northern Ireland) 1987I781
In regulation 2 of the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987141, for the definition of “couple” substitute—
“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;
Judicial Pensions (Requisite Benefits) Order (Northern Ireland) 1988I882
1
The Judicial Pensions (Requisite Benefits) Order (Northern Ireland) 1988142 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”143,
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) 1992I983
In regulation 1(2) of the Child Support (Maintenance Assessments and Special Cases) Regulations (Northern Ireland) 1992144, for the definition of “couple” substitute—
“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;
Child Support (Collection and Enforcement) Regulations (Northern Ireland) 1992I1084
1
In regulation 3(9) of the Child Support (Collection and Enforcement) Regulations (Northern Ireland) 1992145, for the definition of “couple” substitute—
“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;
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) 1995I1185
In regulation 2(1) of the Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995146, for the definition of “couple” substitute—
“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;
Social Security (Additional Pension) (Contributions Paid in Error) Regulations (Northern Ireland) 1996I1286
In regulations 2(3) and 3(2) of the Social Security (Additional Pension) (Contributions Paid in Error) Regulations (Northern Ireland) 1996147, after “spouse” insert “or civil partner”.
Jobseeker’s Allowance Regulations (Northern Ireland) 1996I1387
In regulation 1(2) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996148, for the definition of “couple” substitute—
“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;
Occupational Pension Schemes (Contracting-out) Regulations (Northern Ireland) 1996I1488
1
The Occupational Pension Schemes (Contracting-out) Regulations (Northern Ireland) 1996149 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,
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) 1996I1589
In regulation 2(1) of the Social Security (Computation of Earnings) Regulations (Northern Ireland) 1996150, for the definition of “couple” substitute—
“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;
Contracting-out (Transfer and Transfer Payment) Regulations (Northern Ireland) 1996I1690
In the Contracting-out (Transfer and Transfer Payment) Regulations (Northern Ireland) 1996151, in paragraph 6 of Schedule 2, after “widower’s” insert “or surviving civil partner’s”.
Social Security (Child Maintenance Bonus) Regulations (Northern Ireland) 1996I1791
In regulation 1(2) of the Social Security (Child Maintenance Bonus) Regulations (Northern Ireland) 1996152, for the definition of “couple” substitute—
“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;
Occupational Pension Schemes (Scheme Administration) Regulations (Northern Ireland) 1997I1892
In the Occupational Pension Schemes (Scheme Administration) Regulations (Northern Ireland) 1997153, in regulation 7(d), for “husband or wife” substitute “spouse or civil partner”.
Occupational Pension Schemes (Discharge of Liability) Regulations (Northern Ireland) 1997I1993
1
The Occupational Pension Schemes (Discharge of Liability) Regulations (Northern Ireland) 1997154 are amended as follows.
2
Omit regulation 1(1A)155.
3
In regulation 11156—
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).
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) 1999I2094
In regulation 1(2) of the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999157, for the definition of “couple” substitute—
“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;
Social Fund Winter Fuel Payment Regulations (Northern Ireland) 2000I2195
In regulation 1(2) of the Social Fund Winter Fuel Payment Regulations (Northern Ireland) 2000158, for the definition of “couple” substitute—
“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;
Child Support (Maintenance Calculations and Special Cases) Regulations (Northern Ireland) 2001I2296
In regulation 1(2) of the Child Support (Maintenance Calculations and Special Cases) Regulations (Northern Ireland) 2001159, for the definition of “couple” substitute—
“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;
Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001I2397
In regulation 1(2) of the Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001160, for the definition of “couple” substitute—
“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;
Tax Credit (Appeals) Regulations (Northern Ireland) 2002I2498
In regulation 1(3) of the Tax Credits (Appeals) Regulations (Northern Ireland) 2002161, for the definition of “couple” substitute—
“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;
State Pension Credit Regulations (Northern Ireland) 2003I2599
In regulation 1(2) of the State Pension Credit Regulations (Northern Ireland) 2003162, for the definition of “couple” substitute—
“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;
Social Security (Work-focused Interviews for Partners) Regulations (Northern Ireland) 2003I26100
In regulation 1(2) of the Social Security (Work-focused Interviews for Partners) Regulations (Northern Ireland) 2003163, for the definition of “couple” substitute—
“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;
Travelling Expenses and Remission of Charges Regulations (Northern Ireland) 2004I27101
1
The Travelling Expenses and Remission of Charges Regulations (Northern Ireland) 2004164 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 2005I28102
In regulation 2(1) of the Financial Assistance Scheme Regulations 2005165, 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) 2005I29103
In regulation 1(2) of the Pension Protection Fund (Compensation) Regulations (Northern Ireland) 2005166, 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) 2005I30104
In regulation 2(1) of the Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 2005167, for the definition of “couple” substitute—
“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;
Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 2006I31105
In Schedule 6 to the Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 2006168, in item 26, in the third column, after “who has not” insert “married or”.
Occupational Pension Schemes (Modification of Schemes) Regulations (Northern Ireland) 2006I32106
1
The Occupational Pension Schemes (Modification of Schemes) Regulations (Northern Ireland) 2006169 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—
Modification of schemes: surviving same sex spouses7ZA
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) 2006I33107
In the Pension Protection Fund (General and Miscellaneous Amendments) Regulations (Northern Ireland) 2006170, 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 2006I34108
In regulation 2(1) of the Housing Benefit Regulations (Northern Ireland) 2006171, and in regulation 2(1) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006172, for the definition of “couple” substitute—
“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;
Rate Relief regulations of 2007I35109
1
In the Rate Relief (Qualifying Age) Regulations (Northern Ireland) 2007173, omit regulation 52(4) and (5) (competence and compellability of spouses as witnesses).
2
In the Rate Relief (General) Regulations (Northern Ireland) 2007174, 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) 2008I36110
In regulation 2(1) of the Employment and Support Allowance Regulations (Northern Ireland) 2008175, for the definition of “couple” substitute—
“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;
Pension Protection Fund (Pension Compensation Sharing and Attachment on Divorce etc.) Regulations (Northern Ireland) 2011I37111
In regulation 1(2) of the Pension Protection Fund (Pension Compensation Sharing and Attachment on Divorce etc.) Regulations (Northern Ireland) 2011176, 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) 2015I38112
For regulation 30(4) of the State Pension Regulations (Northern Ireland) 2015177 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) 2016I39113
1
The Occupational Pension Schemes (Schemes that were Contracted-out) Regulations (Northern Ireland) 2016178 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.
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,
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) 2016I40114
In the Welfare Supplementary Payment Regulations (Northern Ireland) 2016179, 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) 2016I41115
In the Jobseeker’s Allowance Regulations (Northern Ireland) 2016180, omit regulation 3(4) (interpretation of definition of “couple” in the Jobseekers (Northern Ireland) Order 1995).
Employment and Support Allowance Regulations (Northern Ireland) 2016I42116
In regulation 2 of the Employment and Support Allowance Regulations (Northern Ireland) 2016181, for the definition of “couple” substitute—
“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;
Discretionary Support Regulations (Northern Ireland) 2016I43117
In the Discretionary Support Regulations (Northern Ireland) 2016182, 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) 2017I44118
In regulation 2(1) of the Rate Relief Regulations (Northern Ireland) 2017183, for the definition of “couple” substitute—
“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;