SCHEDULE 1
Article 2
AMENDMENTS TO THE PRINCIPAL SCHEME
1. Amendment of article 2 (definitions)
Article 2 shall be amended as follows—
(1) in sub-paragraph 3(a)(ii) delete the words “a widow or has never been married or is married to a husband who is”;
(2) in sub-paragraph 3(a)(iv) delete the words “has never been married or is a widow or is married to a husband who”;
(3) for paragraph (8) there shall be substituted—
““dependant living as a civil partner” in relation to a person who has sustained a qualifying injury, means—
(a) where the injured person is alive, a person of the same sex who, 6 months before the material date, was being wholly or substantially maintained by the injured person on a permanent bona fide domestic basis and who has been continuously thereafter and is still being maintained by the injured person on such a basis;
(b) where the injured person is dead, a person of the same sex who was wholly or substantially maintained by the injured person on a permanent bona fide domestic basis continuously throughout the period beginning 6 months before the material date and ending with the date of the injured person’s death;
and “dependant who lived as a civil partner” shall be construed accordingly;”
(4) for paragraph (9) there shall be substituted—
““dependant living as a spouse”, in relation to a person who has sustained a qualifying injury, means—
(a) where the injured person is alive, a person of the opposite sex who, 6 months before the material date, was being wholly or substantially maintained by the injured person on a permanent bona fide domestic basis and who has been continuously thereafter and is still being maintained by the injured person on such a basis;
(b) where the injured person is dead, a person of the opposite sex who was wholly or substantially maintained by the injured person on a permanent bona fide domestic basis continuously throughout the period beginning 6 months before the material date and ending with the date of the injured person’s death;
and “dependant who lived as a spouse” shall be constructed accordingly;”
(5) in paragraph (10) for the words “wife, husband” there shall be substituted “spouse, civil partner”;
(6) in sub-paragraph (16)(d) for the words “spouse (not being a separated spouse)” there shall be substituted “spouse (not being a separated spouse) or civil partner (not being a separated civil partner)”;
(7) in paragraph (21A) for the words “dependent widower” there shall be substituted “widower”;
(8) paragraph (21B) shall be omitted; and
(9) paragraph (22) shall be omitted.
2. Amendment of article 3 (interpretation)
Article 3 shall be amended as follows—
(1) in sub-paragraph (8)(b) for the words “widow or widower” there shall be substituted “surviving spouse or surviving civil partner”; and
(2) in paragraph 9—
(a)
(a) after the word “spouse” (in each place) there shall be inserted “or civil partner”; and
(b)
(b) after the word “spouses” (in each place) there shall be inserted “or civil partners”.
3. Amendment of article 18 (unemployability allowance)
In sub-paragraph 18(5)(b) for the words “wife or husband” there shall be substituted “spouse, civil partner”.
4. Amendment of article 27 (pensions to widows and widowers)
Article 27 shall be amended as follows—
(1) for the heading substitute “Pensions to surviving spouses and surviving civil partners”;
(2) for the words “widow or widower” there shall be substituted “surviving spouse or surviving civil partner”;
(3) for the word “spouse's” there shall be substituted “spouse’s or civil partner's”; and
(4) after the word “spouse” (in each place) there shall be inserted “or civil partner”.
5. Amendment of article 28 (rent allowance to widows who have children)
Article 28 shall be amended as follows—
(1) for the heading substitute “Rent allowance to surviving spouses and surviving civil partners who have children”; and
(2) after the words “surviving spouse” (in each place) insert “or surviving civil partner”.
6. Amendment of article 29 (allowances to elderly surviving spouses)
Article 29 shall be amended as follows—
(1) in the heading after the word “spouses” there shall be inserted “and elderly surviving civil partners”; and
(2) after the word “spouse” there shall be inserted “or surviving civil partner”.
7. Amendment of article 30 (pensions to unmarried dependant who lived as wives)
Article 30 shall be amended as follows—
(1) in the heading for the words “unmarried dependants who lived as wives” there shall be substituted “dependants who lived as spouses and dependants who lived as civil partners”;
(2) in paragraph (1) for the words “An unmarried dependant who lived as a spouse” there shall be substituted “A dependant who lived as a spouse or a dependant who lived as a civil partner,”;
(3) in paragraph (2) for the words “an unmarried dependant who lived as a spouse” there shall be substituted “a dependant who lived as a spouse or a dependant who lived as a civil partner,”;
(4) in paragraphs (2) and (3) for the words “the unmarried dependant who lived as a spouse” there shall be substituted “the dependant who lived as a spouse or the dependant who lived as a civil partner”.
8. Amendment of article 31 (temporary allowances to widows or widowers and unmarried dependants who lived as wives of severely disabled persons)
Article 31 shall be amended as follows—
(1) for the heading of the article there shall be substituted “Temporary allowances to surviving spouses, surviving civil partners, dependants who lived as spouses and dependants who lived as civil partners of severely disabled persons”;
(2) in paragraph (1) for the words “widow or widower or unmarried dependant who lived as his spouse” there shall be substituted “surviving spouse, surviving civil partner, dependant who lived as his spouse or dependant who lived as his civil partner”;
(3) in paragraphs (2), (3), and (5) for the words “widow or widower” (in each place) there shall be substituted “surviving spouse or surviving civil partner”;
(4) in sub-paragraph (2)(a) for the word “spouse's” there shall be substituted “spouse’s or civil partner's”;
(5) in sub-paragraph (2)(b) after the word “spouse” there shall be inserted “or civil partner”;
(6) in paragraph (3) for the words “An unmarried dependant who lived as the spouse” there shall be inserted “A dependant who lived as the spouse or civil partner”;
(7) in paragraph (4) for the words “widow or widower of a person or an unmarried dependant who lived as the spouse” there shall be substituted “surviving spouse, surviving civil partner, dependant who lived as the spouse or dependant who lived as the civil partner,”; and
(8) in paragraph (5) for the word “re-marries” there shall be inserted “enters into a subsequent marriage or forms a subsequent civil partnership”.
9. Amendment of article 38 (pensions to parents)
In paragraph (2) for the words “widow, unmarried dependant who lived as a spouse, or widower” there shall be substituted “surviving spouse, surviving civil partner, dependant who lived as a spouse or dependant who lived as a civil partner”.
10. Amendment of article 39 (pensions to other dependants)
In paragraph (2) for the words “wife or husband” there shall be substituted “spouse or civil partner”.
11. Amendment of article 49 (awards in respect of death)
Article 49 shall be amended as follows—
(1) in sub-paragraphs (1)(a), 1(b) and 3(a) for the words “widow or widower” there shall be substituted “surviving spouse or surviving civil partner”;
(2) in sub-paragraph 1(c) and paragraph (2) for the words “widow or widower” (in each place) there shall be substituted “surviving spouse, surviving civil partner”;
(3) in paragraph (3) for the words “to the widow or...
