Social Welfare and Pensions Act 2010
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Miscellaneous amendments to Part 3 of Principal Act. |
19.— (1) The Principal Act is amended in section 139(1) (amended by section 16(a) of the Social Welfare and Pensions Act 2008 ): | |
(a) by substituting the following paragraph for paragraph (e): | ||
“(e) widow’s (non-contributory) pension, widower’s (non-contributory) pension, surviving civil partner’s (non-contributory) pension and guardian’s payment (non-contributory),”, | ||
and | ||
(b) by substituting the following paragraph for paragraph (f): | ||
“(f) widowed or surviving civil partner grant (paid by virtue of one-parent family payment or State pension (non-contributory) under this Part),”. | ||
(2) The Principal Act is amended in section 142— | ||
(a) in subsection (1)(a)(ii), by substituting the following clause for clause (IA) (inserted by section 20 of the Act of 2007): | ||
“(IA) widow’s (non-contributory) pension, widower’s (non-contributory) pension or surviving civil partner’s (non-contributory) pension, but has ceased to be entitled to that pension by virtue of no longer being regarded as a widow, widower or surviving civil partner within the meaning of section 162(1), or”, | ||
and | ||
(b) by substituting the following subsection for subsection (4): | ||
“(4) In subsection (3), ‘couple’ means— | ||
(a) a married couple who are living together, | ||
(b) both civil partners of a civil partnership who are living together, or | ||
(c) both cohabitants.”. | ||
(3) The Principal Act is amended in section 144— | ||
(a) by substituting the following definition for the definition of “couple”: | ||
“ ‘couple’ means— | ||
(a) a married couple who are living together, | ||
(b) both civil partners of the same civil partnership who are living together, or | ||
(c) both cohabitants.”, | ||
and | ||
(b) by inserting the following subsection after subsection (3): | ||
“(4) In this section— | ||
(a) a reference to a civil partner is a reference to each civil partner of a couple in relation to the other, and | ||
(b) a reference to a cohabitant is a reference to each cohabitant in relation to the other.”. | ||
(4) Section 149 of the Principal Act is amended— | ||
(a) in subsection (1)(c), by inserting the following subparagraph after subparagraph (ii): | ||
“(iia) being a civil partner who is not living with the other civil partner of the civil partnership and who has not engaged in remunerative employment or self-employment at any time in the preceding period that may be prescribed, or”, | ||
(b) in subsection (2)(a), by inserting the following paragraph after paragraph (a): | ||
“(aa) For the purposes of subsection (1)(c)(iia) and subject to section 3(10), a civil partner who is not living with his or her civil partner shall continue to be regarded as such where the civil partnership has been dissolved, being a dissolution that is recognised as valid in the State.”, | ||
and | ||
(c) in subsection (2), by substituting the following paragraph for paragraph (b): | ||
“(b) Pre-retirement allowance shall, subject to this Chapter, continue to be payable to a person to whom subsection (1)(c)(ii) or subsection (1)(c)(iia) applies, unless that person marries, remarries, enters into a civil partnership or a new civil partnership or is a cohabitant.”. | ||
(5) The Principal Act is amended— | ||
(a) in section 152 (amended by section 37 of and Schedule 7 to the Act of 2006) by inserting the following definition: | ||
“ ‘civil partner’ includes a civil partner whose civil partnership has been dissolved, being a dissolution that is recognised as valid in the State;”, | ||
and | ||
(b) in section 161 (amended by section 20 of the Act of 2006) by inserting the following definition: | ||
“ ‘civil partner’ includes a civil partner whose civil partnership has been dissolved, being a dissolution that is recognised as valid in the State;”. | ||
(6) The Principal Act is amended in section 162 (amended by section 17 of and Schedule 3 to the Act of 2006)— | ||
(a) in subsection (1), by substituting the following definition for the definition of “pension”: | ||
“ ‘pension’ means— | ||
(a) a widow’s (non-contributory) pension in the case of a widow, | ||
(b) a widower’s (non-contributory) pension in the case of a widower, and | ||
(c) a surviving civil partner’s (non-contributory) pension in the case of a surviving civil partner;”, | ||
and | ||
(b) in subsection (2)— | ||
(i) in paragraph (a), by deleting “and” after “Schedule 3,”, | ||
(ii) in paragraph (b), by inserting “or entered into a civil partnership” after “a widow who has remarried”, | ||
(iii) in paragraph (b), by inserting “or entered into a civil partnership” after “a widower who has remarried”, | ||
(iv) in paragraph (b), by substituting “wife, and” for “wife.”, and | ||
(v) by inserting the following paragraph after paragraph (b): | ||
“(c) a surviving civil partner who has entered into a new civil partnership or has married shall not be regarded as the surviving civil partner of his or her former civil partner.”. | ||
(7) The Principal Act is amended in section 163 (amended by section 21 of the Act of 2006) by substituting the following subsections for subsections (1) and (2): | ||
“(1) Subject to this Act, a pension shall be payable to a widow, widower or surviving civil partner who has not attained pensionable age. | ||
(2) A pension payable to a widow, widower or surviving civil partner shall, subject to this Chapter, continue to be payable unless the beneficiary marries or remarries or enters into a civil partnership or a new civil partnership and in that case the pension shall cease as and from the beneficiary’s marriage or remarriage or entry into a civil partnership or a new civil partnership.”. | ||
(8) The Principal Act is amended by— | ||
(a) substituting the following section for section 166: | ||
“Disqualifications. | ||
166.— A widow, widower or surviving civil partner, as the case may be, shall not, if and so long as he or she is a cohabitant, be entitled to and shall be disqualified for receiving payment of pension.”, | ||
and | ||
(b) inserting the following section after section 167: | ||
“Avoidance of double pensions in relation to surviving civil partner’s (contributory) pension. | ||
167A.— Where a surviving civil partner would, but for this section, be entitled to both a surviving civil partner’s (contributory) pension and a pension under this Chapter, the latter pension shall not be payable except insofar as is provided by regulations under section 247.”. | ||
(9) Section 196(2) of the Principal Act is amended by substituting the following paragraph for paragraph (a): | ||
“(a) where— | ||
(i) a husband and wife, | ||
(ii) both civil partners of a civil partnership, or | ||
(iii) both cohabitants, | ||
are members of the same household, their needs and means shall be aggregated and shall be regarded as the needs and means of the claimant;”. | ||
(10) The Principal Act is amended in section 217 (amended by section 4 of and Schedule 1 to the Act of 2006) by substituting the following subsection for subsection (3): | ||
“(3) In this section ‘couple’ means— | ||
(a) a married couple who are living together, | ||
(b) both civil partners of a civil partnership who are living together, or | ||
(c) both cohabitants.”. |