SCHEDULE
Article 2
Amendments of provisions of Acts relating to pensions and benefit payments, extending those provisions to civil partners and surviving civil partners
PART 1
Amendments of the Social Security Contributions and Benefits Act 1992 (c. 4)
1. In section 48C (Category B retirement pension: general)5, in subsection (4), after “spouse” insert “or civil partner”.
2. In section 54 (Category A and Category B retirement pensions: supplemental provisions)6, in subsection (3), after “marriage” insert “or civil partnership”.
3.—(1) Amend section 55 (pension increase or lump sum where entitlement to retirement pension is deferred)7as follows.
(2) In subsection (2), after “deceased spouse” (in each place) insert “or civil partner”.
(3) In subsection (3)(a)(ii)—
(a)
(a) after “a spouse's” insert “or civil partner's”; and
(b)
(b) after “the spouse” insert “or civil partner”.
4. In section 62 (graduated retirement benefit), in subsection (1)(c)—
(a) after “widowed person” insert “or surviving civil partner”; and
(b) at the end, add “or civil partner”.
5.—(1) Amend Schedule 5 (pension increase or lump sum where entitlement to retirement pension is deferred)8as follows.
(2) In paragraph A1(4), for “paragraphs 5 to 6” substitute “paragraphs 5 to 6A”.
(3) In paragraph 2(5)(a), for “paragraph 4, 5, 5A or 6” substitute “paragraph 4, 5, 5A, 6 or 6A”.
(4) In paragraph 2A, for “paragraphs 5 to 6” (in each place) substitute “paragraphs 5 to 6A”.
(5) In paragraph 3B(5)(b)(i), for “paragraphs 5 to 6” substitute “paragraphs 5 to 6A”.
(6) Amend paragraph 3C as follows—
(a)
(a) in the heading preceding it, after “deceased spouse” insert “or civil partner”;
(b)
(b) in sub-paragraph (1)(a), for “widow or widower” substitute “widow, widower or surviving civil partner”;
(c)
(c) in sub-paragraph (1)(b)—
(i) after “married to” insert “or was the civil partner of”; and
(ii) after “marriage” insert “or civil partnership”;
(d)
(d) in sub-paragraph (5)—
(i) for “paragraphs 5 to 6” substitute “paragraphs 5 to 6A”; and
(ii) after “deceased spouse” insert “or civil partner”.
(7) Amend paragraph 4 as follows—
(a)
(a) in the heading preceding it, after “deceased spouse” insert “or civil partner”;
(b)
(b) in sub-paragraph (1)—
(i) for “widow or widower” (in each place) substitute “widow, widower or surviving civil partner”;
(ii) after “married to” insert “or was the civil partner of”; and
(iii) after “other party to the marriage” insert “or civil partnership”;
(c)
(c) in sub-paragraph (1A), for “paragraphs 5 to 6” (in each place) substitute “paragraphs 5 to 6A”;
(d)
(d) in sub-paragraph (3)—
(i) after “5th April 2000”9insert “or a civil partner dies on or after 5th December 2005”;
(ii) for “widow or widower” substitute “widow, widower or surviving civil partner”; and
(iii) in paragraph (a), after “deceased spouse” insert “or civil partner”;
(e)
(e) in sub-paragraph (4)—
(i) after “the former spouse” insert “or civil partner”; and
(ii) after “the surviving spouse” (in each place) insert “or civil partner”.
(8) Amend paragraph 5 as follows—
(a)
(a) in sub-paragraph (1)(a)—
(i) for “widow or widower” substitute “widow, widower or surviving civil partner”;
(ii) after “married to” insert “or was the civil partner of”; and
(iii) after “marriage” insert “or civil partnership”;
(b)
(b) in sub-paragraph (2)—
(i) at the end of paragraph (a), omit “and”; and
(ii) at the end of paragraph (b), insert—
“, and
(c)
(c) where W is a surviving civil partner, an amount equal to the sum of the amounts set out in paragraph 6A(2) below”.
(9) After paragraph 6 insert the following paragraph—
“6A.—(1) This paragraph applies where W (referred to in paragraph 5 above) is a surviving civil partner.
(2) The amounts referred to in paragraph 5(2)(c) above are the following—
(a)
(a) one-half of the increase mentioned in paragraph 5(1)(b) above, so far as attributable to employment before 6th April 1988,
(b)
(b) one-half of the appropriate amount after it has been reduced by the amount of any increases under section 109 of the Pensions Act, and
(c)
(c) one-half of any increase to which the deceased civil partner had been entitled under paragraph 5 above.”.
(10) Amend paragraph 7 as follows—
(a)
(a) in sub-paragraph (1)—
(i) for “paragraphs 5 to 6” substitute “paragraphs 5 to 6A”; and
(ii) in paragraph (b), after “surviving spouse” insert “or civil partner”;
(b)
(b) in sub-paragraph (2), for “paragraph 5, 5A or 6” substitute “paragraph 5, 5A, 6 or 6A”.
(11) Amend paragraph 7A as follows—
(a)
(a) in the heading preceding it, after “deceased spouse” insert “or civil partner”; and
(b)
(b) in sub-paragraph (2), after “widowed person's” insert “or surviving civil partner's”.
(12) Amend paragraph 7B as follows—
(a)
(a) in the heading preceding it, and in sub-paragraphs (1) and (5), after “widowed person's” insert “or surviving civil partner's”;
(b)
(b) in sub-paragraph (2), after “other party to the marriage” insert “or civil partnership”; and
(c)
(c) in sub-paragraph (5)(b)(i), for “paragraphs 5 to 6” substitute “paragraphs 5 to 6A”.
(13) Amend paragraph 8 as follows—
(a)
(a) in the heading preceding it, at the end add “and civil partners”; and
(b)
(b) in sub-paragraph (3)—
(i) after “married person” insert “or a civil partner”; and
(ii) after “other party to the marriage” insert “or civil partnership”.
PART 2
Amendments of the Social Security Administration Act 1992 (c. 5)
6.—(1) Amend section 133 (furnishing of addresses for maintenance proceedings, etc.) as follows.
(2) For “man or woman” (in each place) substitute “person”.
(3) In paragraph (a), for “man’s wife or former wife, or the woman’s husband or former husband” substitute “person’s spouse, former spouse, civil partner or former civil partner”.
(4) For paragraph (b) substitute the following paragraph—
“(b)
“(b) for the maintenance or education of any child of the person, or of any child of the person’s spouse, former spouse, civil partner or former civil partner.”.
7. In section 134 (arrangements for housing benefit), in subsection (8)(a), after “widow's” insert “or surviving civil partner's”.
8. In section 150 (annual up-rating of benefits)10, in subsection (1)(dza), after “surviving spouses” insert “or civil partners”.
9. In section 155 (effect of alteration of rates of benefit under Parts 2 to 5 of Contributions and Benefits Act), in subsection (7)(c)11, for “widows and widowers” substitute “widows, widowers and surviving civil partners”.
10. In section 159B (effect of alterations affecting state pension credit)12, in subsection (6), in the definition of “war widow’s or widower’s pension”—
(a) in paragraph (a), for “any widow’s or widower's” substitute “any widow's, widower’s or surviving civil partner's”; and
(b) in paragraph (b), for “widow or widower” substitute “widow, widower or surviving civil partner”.
PART 3
Amendments of the Pension Schemes Act 1993 (c. 48)
11. In section 70 (interpretation), in subsection (1), in the definition of “long service benefit”, for “wife or husband, widow or widower” substitute “wife, husband, civil partner, widow, widower, or surviving civil partner”.
12. In section 84 (basis of revaluation)13, in subsection (5), for “widow or widower” substitute “widow, widower or surviving civil partner”.
13. In section 96 (further provisions concerning exercise of option under section 95)14, in subsection (3)(a), for “widow’s or, as the case may be, widower's” substitute “widow's, widower’s or surviving civil partner’s (as the case may be)”.
14. In section 113 (disclosure of information about schemes to members etc.), in subsection (2)(b), after “spouses” insert “or civil...
