Social Welfare and Pensions Act 2010

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Amendment to section 2 of Principal Act.

15.— (1) Section 2(1) (amended by section 24 and Schedule of the Act of 2010) of the Principal Act is amended by inserting the following definitions:

“ ‘civil partner’ means a civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ;

‘civil partnership’ means—

(a) a civil partnership registration referred to in section 3(a) of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 , or

(b) a legal relationship referred to in section 3(b) of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ;

‘cohabitant’ means a cohabitant within the meaning of section 172(1) of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ;

‘surviving civil partner’ means one civil partner of a couple who were both parties to the same civil partnership and whose civil partner is deceased and includes one civil partner of a couple who were both parties to the same civil partnership, who would otherwise be a surviving civil partner but for the fact that his or her civil partnership has been dissolved being a dissolution that is recognised as valid in the State;”.

(2) Section 2 of the Principal Act is amended in subsection (2)—

(a) in paragraph (a), by inserting “, civil partner or cohabitant of that person” after “a spouse”,

(b) in paragraph (a)(i), by inserting “, civil partner or cohabitant of that person” after “a spouse”,

(c) in paragraph (a)(ii), by inserting “, civil partner or cohabitant of that person” after “a spouse”,

(d) in paragraph (a)(iii), by inserting “, civil partner or cohabitant of that person” after “a spouse”,

(e) in paragraph (a)(iv), by inserting “, civil partner or cohabitant of that person” after “a spouse” in each place where it occurs,

(f) in paragraph (a)(v), by inserting “, civil partner or cohabitant of that person” after “a spouse”,

(g) in paragraph (a)(vi), by inserting “, civil partner or cohabitant of that person” after “a spouse”,

(h) in paragraph (a)(vii), by inserting “, civil partner or cohabitant of that person” after “a spouse”,

(i) in paragraph (b)(iii), by deleting “or”,

(j) in paragraph (b) by inserting the following subparagraphs after subparagraph (iv):

“(v) a surviving civil partner, or

(vi) a civil partner who is not living with and is neither wholly or mainly maintaining, nor being wholly or mainly maintained by, his or her civil partner.”.

(3) Section 2 of the Principal Act is amended by the substitution of the following subsection for subsection (7):

“(7) Subject to Part 12, ‘liable relative’ means in relation to any person—

(a) a man who is liable to maintain all or any of the following:

(i) his—

(I) wife;

(II) his former wife where the marriage has been dissolved, being a dissolution that is recognised as valid in the State;

(III) his civil partner;

(IV) his former civil partner where the civil partnership has been dissolved, being a dissolution that is recognised as valid in the State;

while all or any of the persons specified in clauses (I) to (IV) are, or is, in receipt of an allowance or a benefit, and

(ii) any qualified child of his in respect of whom an increase in allowance or a benefit is payable to the mother,

or

(b) a woman who is liable to maintain all or any of the following:

(i) her—

(I) husband;

(II) her former husband where the marriage has been dissolved, being a dissolution that is recognised as valid in the State;

(III) her civil partner;

(IV) her former civil partner where the civil partnership has been dissolved, being a dissolution that is recognised as valid in the State;

while all or any of the persons specified in clauses (I) to (IV) are, or is, in receipt of an allowance or benefit,

and

(ii) any qualified child of hers in respect of whom an increase in allowance is payable to the father.”.