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One-parent family payment.
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20.— (1) The Principal Act is amended in section 172(1) (amended by section 13 of the Act of 2008) in the definition of “qualified parent”—
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(a) in paragraph (d), by deleting “or” after “person,”,
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(b) in paragraph (e), by inserting “or” after “6 months,”, and
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(c) by inserting the following paragraphs after paragraph (e) of that definition:
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“(f) a surviving civil partner,
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(g) a civil partner who is not living with the other civil partner of the civil partnership, or
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(h) a person who is not a party to a civil partnership.”.
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(2) Section 172(2) of the Principal Act is amended by—
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(a) substituting the following paragraph for paragraph (b):
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“(b) a widow who has remarried or entered into a civil partnership shall not be regarded as the widow of her former husband and a widower who has remarried or entered into a civil partnership shall not be regarded as the widower of his former wife,”,
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(b) inserting the following paragraph after paragraph (b):
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“(ba) a surviving civil partner who has entered into a new civil partnership or who marries shall not be regarded as the surviving civil partner of his or her former civil partner, and”,
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and
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(c) substituting the following paragraph for paragraph (c):
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“(c) a reference to a qualified parent shall include a reference to a person who would otherwise be a qualified parent but for the fact that—
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(i) the person’s marriage has been dissolved, being a dissolution that is recognised as valid in the State, or
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(ii) the person’s civil partnership has been dissolved, being a dissolution that is recognised as valid in the State.”.
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(3) The Principal Act is amended in section 173 (amended by section 25 of the Act of 2010) by substituting the following for subsection (2):
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“(2) A one-parent family payment payable to a qualified parent shall, subject to this Act, continue to be payable unless the qualified parent marries, remarries, enters into a civil partnership or enters into a new civil partnership, and in such a case the one-parent family payment shall cease as and from the date of marriage or remarriage or the date of entry into a civil partnership or new civil partnership, as the case may be.”.
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(4) The Principal Act is amended in section 173A (inserted by section 25 of the Act of 2010)—
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(a) in subsection (1)(a), by substituting “dies,” for “dies, and”,
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(b) in subsection (1)(b), by substituting the following paragraph for paragraph (b):
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“(b) to a surviving cohabitant where both cohabitants are, on the relevant date, cohabiting and one of them dies, and”,
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(c) in subsection (1), by inserting the following paragraph after paragraph (b):
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“(c) to a surviving civil partner where both civil partners of a civil partnership are, on the relevant date, living together and one of them dies,”,
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(d) in subsection (1)—
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(i) by substituting “and the surviving spouse, surviving cohabitant or surviving civil partner” for “and the surviving spouse or surviving person”, and
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(ii) by substituting “with that surviving spouse, surviving cohabitant or surviving civil partner” for “with that surviving spouse or surviving person”,
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(e) in subsection (2) by substituting “to a surviving spouse, surviving cohabitant or surviving civil partner” for “to a surviving spouse or surviving person”, and
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(f) by substituting the following subsection for subsection (3):
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“(3) In this section, ‘relevant date’ means the date of death of—
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(a) the spouse of the surviving spouse,
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(b) the cohabitant of the surviving cohabitant, or
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(c) the civil partner of the surviving civil partner.”.
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(5) The Principal Act is amended in section 173B (inserted by section 25 of the Act of 2010)—
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(a) in subsection (1)(a), by substituting “dies,” for “dies, and”,
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(b) by substituting the following paragraph for paragraph (b):
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“(b) to a surviving cohabitant where both cohabitants are, on the relevant date, cohabiting and one of them dies, and”,
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(c) by inserting the following paragraph after paragraph (b):
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“(c) to a surviving civil partner where both civil partners are, on the relevant date, living together and one of them dies,”,
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(d) in subsection (1)—
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(i) by substituting “the surviving spouse, surviving cohabitant or surviving civil partner is” for “the surviving spouse or surviving person is”, and
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(ii) by substituting “that surviving spouse, surviving cohabitant or surviving civil partner and” for “that surviving spouse or surviving person and”,
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and
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(e) in subsection (2), by substituting “surviving spouse, surviving cohabitant or surviving civil partner” for “surviving spouse or surviving person”.
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(6) The Principal Act is amended by substituting the following section for section 175:
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“Disqualification.
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175.— A qualified parent shall not, if and so long as that parent is a cohabitant, be entitled to and shall be disqualified for receiving payment of one-parent family payment.”.
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(7) The Principal Act is amended in section 177 by substituting the following paragraph for paragraph (a):
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“(a) a person is to be regarded as being a separated spouse or a civil partner is to be regarded as a civil partner who is not living with the other civil partner of the civil partnership.”.
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