Civil Partnership Bill [HL]
AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE
[Supplementary to the Fourth Marshalled List]
| | BARONESS SCOTLAND OF ASTHAL |
| Page 91, line 19, leave out "amends certain enactments" and insert "contains amendments" |
| Page 91, line 21, after "Act" insert ", Northern Ireland legislation" |
| Page 91, line 26, after "enactments" insert ", Northern Ireland legislation" |
| Page 91, line 30, at beginning insert "Subject to subsection (4A)," |
| Page 91, line 34, at end insert |
| "(4A) | Section 171(3), (5) and (6) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7) applies to the exercise by a Northern Ireland department of the power under section 191 in relation to social security and child support as it applies to any power under that Act to make an order (there being disregarded for the purposes of this subsection the exceptions in section 171(3) and (5) of that Act)." |
| Page 91, line 35, after "Act" insert "or Northern Ireland legislation" |
| Page 91, line 37, after "(c. 41)" insert "and the Pneumoconiosis, etc., (Workers' Compensation) (Northern Ireland) Order 1979 (S.I. 1979/925 (N.I. 9))" |
| Page 91, line 37, leave out "subsection (4)" and insert "subsections (4) and (4A)" |
| | THE BARONESS SCOTLAND OF ASTHAL |
| Page 212, line 23, at end insert |
| | "PART 1A AMENDMENTS OF THE CHILD SUPPORT (NORTHERN IRELAND) ORDER 1991 (S.I. 1991/2628 (N.I. 23)) |
| | 5A In Article 3 (meaning of "child"), in paragraph (2) |
| (a) | in sub-paragraph (a), after "married" insert "or a civil partner", |
| (b) | in sub-paragraph (b), after "marriage" insert ", or been a party to a civil partnership,", and |
| (c) | in sub-paragraph (c), after "granted" insert "or has been a party to a civil partnership in respect of which a nullity order has been made". |
| | 5B In Article 17 (powers of inspectors), in paragraph (7) |
| (a) | after "married" insert "or is a civil partner", and |
| (b) | after "spouse" insert "or civil partner". |
| | 5C For paragraph 6(5)(b) (as originally enacted) of Schedule 1 (maintenance assessments) substitute |
| "(b) | where the absent parent |
| (i) | is living together in the same household with another adult of the opposite sex (regardless of whether or not they are married), |
| (ii) | is living together in the same household with another adult of the same sex who is his civil partner, or |
| (iii) | is living together in the same household with another adult of the same sex as if they were civil partners, |
| |
income of that other adult,". |
| | 5D After paragraph 6(5) (as originally enacted) of that Schedule insert |
| "(5A) | For the purposes of this paragraph, two adults of the same sex are to be regarded as living together in the same household as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two adults of the opposite sex." |
| | 5E In paragraph 10C of that Schedule (as substituted by section 1(3) of, and Schedule 1 to, the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4 (N.I.))), for sub-paragraph (5) substitute |
| "(5) | In sub-paragraph (4)(a), "couple" means |
| (a) | a man and a woman who are married to each other and are members of the same household, |
| (b) | a man and a woman who are not married to each other but are living together as husband and wife, |
| (c) | two people of the same sex who are civil partners of each other and are members of the same household, or |
| (d) | two people of the same sex who are not civil partners of each other but are living together as if they were civil partners. |
| (6) | For the purposes of this paragraph, two people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex."" |
| Page 221, line 20, at end insert |
| | "56A In section 20 (descriptions of contributory benefits), in subsection (1)(f)(ii), after "spouse" insert "or civil partner". |
| | 56B In section 30A (incapacity benefit: entitlement), in subsection (2)(b)(ii), after "spouse" insert "or deceased civil partner". |
| | 56C In section 30B (incapacity benefit: rate), in subsection (3)(a), after "people" insert "or civil partners". |
| | 56D (1) Amend section 36 (bereavement payment) as follows. |
| (2) | In subsection (1), after "spouse" (in each place) insert "or civil partner". |
| (3) | For subsection (2) substitute |
| "(2) | A bereavement payment shall not be payable to a person if |
| (a) | that person and a person of the opposite sex to whom that person was not married were living together as husband and wife at the time of the spouse's or civil partner's death, or |
| (b) | that person and a person of the same sex who was not his or her civil partner were living together as if they were civil partners at the time of the spouse's or civil partner's death." |
| | 56E In section 36A (cases in which sections 37 to 41 apply), in subsection (2), after "spouse" insert "or civil partner". |
| | 56F (1) Amend section 37 (widowed mother's allowance) as follows. |
| (2) | In subsection (3), after "remarries" insert "or forms a civil partnership". |
| (3) | After subsection (4)(b) insert "or |
| (c) | for any period during which she and a woman who is not her civil partner are living together as if they were civil partners." |
| | 56G (1) Amend section 38 (widow's pension) as follows. |
| (2) | In subsection (2), after "remarries" insert "or forms a civil partnership". |
| (3) | After subsection (3)(c) insert "or |
| (d) | for any period during which she and a woman who is not her civil partner are living together as if they were civil partners." |
| | 56H (1) Amend section 39A (widowed parent's allowance) as follows. |
| (2) | After "spouse" (in each place other than subsections (2)(b) and (4)), insert "or civil partner". |
| (3) | After "spouse's" (in each place) insert "or civil partner's". |
| (4) | In subsection (2), after paragraph (b) insert "or |
| (c) | the surviving civil partner is a woman who |
| (i) | was residing together with the deceased civil partner immediately before the time of the death, and |
| (ii) | is pregnant as the result of being artificially inseminated before that time with the semen of some person, or as a result of the placing in her before that time of an embryo, of an egg in the process of fertilisation, or of sperm and eggs." |
| (5) | In subsection (4), after "remarries" insert "or forms a civil partnership". |
| (6) | After subsection (4) insert |
| "(4A) | The surviving civil partner shall not be entitled to the allowance for any period after she or he forms a subsequent civil partnership or marries, but, subject to that, the surviving civil partner shall continue to be entitled to it for any period throughout which she or he |
| (a) | satisfies the requirements of subsection (2)(a) or (b) above; and |
| (b) | is under pensionable age." |
| (7) | After subsection (5)(b) insert "or |
| (c) | for any period during which the surviving spouse or civil partner and a person of the same sex who is not his or her civil partner are living together as if they were civil partners." |
| | 56I (1) Amend section 39B (bereavement allowance where no dependent children) as follows. |
| (2) | After "spouse" (in each place other than subsection (4)), insert "or civil partner". |
| (3) | After "spouse's" (in each place) insert "or civil partner's". |
| (4) | In subsection (4), after "remarries" insert "or forms a civil partnership". |
| (5) | After subsection (4) insert |
| "(4A) | The surviving civil partner shall not be entitled to the allowance for any period after she or he forms a subsequent civil partnership or marries, but, subject to that, the surviving civil partner shall continue to be entitled to it until |
| (a) | she or he attains pensionable age, or |
| (b) | the period of 52 weeks mentioned in subsection (3) above expires, |
| | whichever happens first." |
| (6) | After subsection (5)(b) insert "or |
| (c) | for any period during which the surviving spouse or civil partner and a person of the same sex who is not his or her civil partner are living together as if they were civil partners." |
| | 56J In section 39C (rate of widowed parent's allowance and bereavement allowance) |
| (a) | after "spouse" (in each place) insert "or civil partner", and |
| (b) | in subsection (5), after "spouse's" insert "or civil partner's". |
| | 56K In section 46 (modifications of section 45 for calculating the additional pension in certain benefits) |
| (a) | after "under pensionable age", in subsection (2), insert "or by virtue of section 39C(1) above or section 48A(4), 48B(2) or 48BB(5) below in a case where the deceased civil partner died under pensionable age", |
| (b) | after "spouse", in paragraph (b)(i) of the definition of "N" in subsection (2), insert "or civil partner", and |
| (c) | after "spouse" (in each place) in subsection (3), insert "or civil partner". |
| | 56L (1) Amend section 48 (use of former spouse's contributions) as follows. |
| (a) | for "married" substitute "in a relevant relationship", |
| (b) | for "marriage" substitute "relationship", and |
| (c) | after "spouse" insert "or civil partner". |
| (3) | In subsection (2), for "marriage" substitute "relevant relationship". |
| (4) | For subsection (3) substitute |
| "(3) | Where a person has been in a relevant relationship more than once, this section applies only to the last relevant relationship and the references to his relevant relationship and his former spouse or civil partner shall be construed accordingly. |
| (4) | In this section, "relevant relationship" means a marriage or civil partnership." |
| | 56M (1) Amend section 48A (category B retirement pension for married person) as follows. |
| (2) | After subsection (2) insert |
| (a) | has attained pensionable age, and |
| (b) | on attaining that age was a civil partner or forms a civil partnership after attaining that age, |
| | shall be entitled to a Category B retirement pension by virtue of the contributions of the other party to the civil partnership ("the contributing civil partner") if the following requirement is met. |
| (2B) | The requirement is that the contributing civil partner |
| (a) | has attained pensionable age and become entitled to a Category A retirement pension, and |
| (b) | satisfies the conditions specified in Schedule 3, Part 1, paragraph 5." |
| (3) | In subsections (3) and (4), after "spouse" insert "or contributing civil partner". |
| (4) | In subsection (4A), for "widow or widower" substitute "widow, widower or surviving civil partner". |
| (5) | In subsection (5), after "spouse's" insert "or contributing civil partner's". |
| (6) | Section 48A (as amended by this paragraph) does not confer a right to a Category B retirement pension on a person by reason of his or her forming a civil partnership with a person who was born before 6th April 1950. |
| | 56N (1) Amend section 48B (category B retirement pension for widows and widowers) as follows. |
| (2) | After subsection (1) insert |
| "(1A) | A person ("the pensioner") who attains pensionable age on or after 6th April 2010 and whose civil partner died |
| (a) | while they were civil partners of each other, and |
| (b) | after the pensioner attained pensionable age, |
| | shall be entitled to a Category B retirement pension by virtue of the contributions of the civil partner if the civil partner satisfied the conditions specified in Schedule 3, Part 1, paragraph 5." |
| (3) | In subsection (2), after "subsection (1)" insert "or (1A)". |
| (4) | In subsection (3), after "spouse" (in each place) insert "or civil partner". |
| | 56O (1) Amend section 48BB (category B retirement pension: entitlement by reference to benefits under section 39A or 39B) as follows. |
| (2) | After "spouse" (in each place) insert "or civil partner". |
| (3) | After "spouse's" (in each place) insert "or civil partner's". |
| (4) | In subsections (1)(b) and (3)(b), for "remarried" substitute "following that death married or formed a civil partnership". |
| | 56P (1) Amend section 51 (category B retirement pension for widowers) as follows. |
| (2) | After subsection (1) insert |
| "(1A) | A civil partner shall be entitled to a Category B retirement pension if |
| (a) | his or her civil partner has died and they were civil partners of each other at the time of that death, |
| (b) | they were both over pensionable age at the time of that death, and |
| (c) | before that death the deceased civil partner satisfied the contribution conditions for a Category A retirement pension in Schedule 3, Part 1, paragraph 5." |
| (a) | for "man's" substitute "person's", and |
| (b) | after "wife" insert "or deceased civil partner". |
| (4) | In subsection (3), after "2002" insert "or a surviving civil partner". |
| (a) | for "man" substitute "person", and |
| (b) | after "pension" insert "under this section". |
| (6) | Section 51 (as amended by this paragraph) does not confer a right to a Category B retirement pension on a person who attains pensionable age on or after 6th April 2010. |
| | 56Q In section 51A (special provision for married people), in subsection (1) |
| (a) | after "person" insert "or civil partner", and |
| (b) | after "marriage" insert "or civil partnership". |
| | 56R In section 52 (special provision for surviving spouses), in subsection (1), after "spouse" insert "or civil partner". |
| | 56S In section 60 (complete or partial failure to satisfy contribution conditions), in subsection (2) |
| (a) | after "married" insert "or a civil partner", and |
| (b) | for "widow or widower" substitute "widow, widower or surviving civil partner". |
| | 56T In section 62 (graduated retirement benefit), after subsection (1)(aa) insert |
| "(ab) | for extending section 36 of that Act (increase of woman's retirement pension by reference to her late husband's graduated retirement benefit) to civil partners and their late civil partners and for that section (except subsection (5)) so to apply as it applies to women and their late husbands;"." |
| Page 221, line 24, at end insert |
| | "57A In section 82 (short-term benefit: increase for adult dependants) |
| (a) | in subsection (3)(a) and (b), after "husband" insert "or civil partner", |
| (b) | in subsection (3)(b), for "his" substitute "her husband's or civil partner's", and |
| (c) | in subsection (4)(a), after "spouse" insert "or civil partner". |
| | 57B In section 83A (pension increase for spouse) |
| (a) | in subsection (1), for "married pensioner" substitute "pensioner who is married or a civil partner", and |
| (b) | in subsections (2) and (3), after "spouse" (in each place) insert "or civil partner". |
| | 57C (1) Amend section 85 (pension increase (person with care of children)) as follows. |
| (3) | After subsection (1) insert |
| "(1A) | Subject to subsections (2A) and (4) below, the weekly rate of a Category A retirement pension shall be increased by the amount specified in relation to that pension in Schedule 4, Part 4, column (3) for any period during which a person who is neither the spouse or civil partner of the pensioner nor a child has the care of a child or children in respect of whom the pensioner is entitled to child benefit." |
| (a) | for "the following provisions" substitute "subsections (3) and (4) below", and |
| (b) | for "pension to which this section applies" substitute "Category C retirement pension payable by virtue of section 78(1) above". |
| (5) | After subsection (2) insert |
| "(2A) | Subsection (1A) above does not apply if the pensioner is a person whose spouse or civil partner is entitled to a Category B retirement pension, or to a Category C retirement pension by virtue of section 78(2) above or in such other cases as may be prescribed." |
| (6) | In subsection (4), after "subsection" insert "(1A) or". |
| | 57D In section 114 (persons maintaining dependants etc.) |
| (a) | in subsection (2), for "wife" substitute "wife, civil partner", and |
| (b) | in subsection (3)(a), after "spouse" insert "or civil partner". |
| | 57E In section 120 (treatment of certain marriages), after subsection (1)(a) insert |
| "(aa) | for a voidable civil partnership which has been annulled, whether before or after the date when the regulations come into force, to be treated for the purposes of the provisions to which this subsection applies as if it had been a valid civil partnership which was dissolved at the date of annulment;". |
| | 57F (1) Amend section 121 (interpretation of Parts 1 to 6 and supplementary provisions) as follows. |
| (2) | In subsection (1), in the definition of "relative" after "by marriage" insert "or civil partnership". |
| (3) | After subsection (1) insert |
| "(1A) | For the purposes of Parts 1 to 5 and this Part of this Act, two people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex." |
| | 57G In section 123 (income support), in subsection (1)(c), (f) and (g), for "married or unmarried couple" substitute "couple". |
| | 57H In section 125 (trade disputes), in subsection (3)(b), (c) and (d), for "married or unmarried couple" substitute "couple". |
| | 57I In section 126 (effect of return to work), for "married or unmarried couple" (in each place) substitute "couple". |
| | 57J (1) Amend section 133 (interpretation of Part 7 and supplementary provisions) as follows. |
| (2) | In paragraphs (a), (b) and (c) of the definition of "family" in subsection (1), for "married or unmarried couple" substitute "couple". |
| (3) | After the definition of "child" in subsection (1) insert |
| (a) | a man and woman who are married to each other and are members of the same household; |
| (b) | a man and woman who are not married to each other but are living together as husband and wife otherwise than in prescribed circumstances; |
| (c) | two people of the same sex who are civil partners of each other and are members of the same household; or |
| (d) | two people of the same sex who are not civil partners of each other but are living together as if they were civil partners otherwise than in prescribed circumstances;". |
| (4) | Omit the definitions of "married couple" and "unmarried couple" in subsection (1). |
| (5) | After subsection (1) insert |
| "(1A) | For the purposes of this Part, two people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex."" |
| Page 222, line 5, at end insert |
| | "59A (1) Amend section 146 (interpretation of Part 10) as follows. |
| (2) | In the definition of "war widow's pension" in subsection (2) |
| (a) | after "any widow's" insert "or surviving civil partner's", and |
| (b) | after "widow" insert "or surviving civil partner". |
| (3) | For subsection (3) substitute |
| "(3) | In this Part of this Act, "couple" has the meaning given by section 133(1) above." |
| | 59B (1) Amend Schedule 4A (additional pension) as follows. |
| (2) | In paragraph 1(2), after "under pensionable age," insert "or by virtue of section 39C(1), 48A(4) or 48B(2) above, in a case where the deceased civil partner died under pensionable age,". |
| (3) | In paragraph 1(4)(a) and (b), (5), (6) and (7)(a) and (b), after "spouse" insert "or civil partner". |
| | 59C (1) Amend Schedule 7 (industrial injuries benefits) as follows. |
| (2) | For paragraph 4(3)(a) in Part 1 substitute |
| "(a) | a beneficiary is one of two persons who are |
| (i) | spouses or civil partners residing together, |
| (ii) | a man and woman who are not married to each other but are living together as if they were husband and wife, or |
| (iii) | two people of the same sex who are not civil partners of each other but are living together as if they were civil partners, and". |
| (a) | in paragraph 6(1), (3) and (4), after "spouse" (in each place) insert "or civil partner", and |
| (b) | in paragraph 6(4)(a), after "spouse's" insert "or civil partner's". |
| (4) | In paragraph 15 of Part 6 |
| (a) | in sub-paragraph (2), after "remarries" insert "or forms a civil partnership", and |
| (b) | at the end of sub-paragraph (3), insert "or is living together with a person of the same sex as if they were civil partners"." |
| Page 222, line 7, at end insert |
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