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(a) paragraph 4 of Part 1 of the Schedule shall come into force, for the purposes only of making regulations under section 62 of the Social Security Contributions and Benefits Act 1992[2];

(b) paragraph 5(6) and (12) of Part 1 of the Schedule shall come into force, for the purposes only of making regulations under paragraphs 3C and 7B of Schedule 5 to the Social Security Contributions and Benefits Act 1992[3]; and

(c) paragraph 26 of Part 5 of the Schedule shall come into force, for the purposes only of making regulations under section 52(2) of the Welfare Reform and Pensions Act 1999[4],

on the day following that on which this Order is made.

    (3) Subject to paragraph (2), this Order shall come into force on 5th December 2005.

    (4) This Order extends to England and Wales and Scotland except paragraph 27(c) of Part 6 of the Schedule and Article 2 in so far as it relates to that paragraph, which extend to Northern Ireland.

Amendments of legislation
     2. The Schedule, which contains amendments of provisions of Acts relating to pensions and benefit payments, extending those provisions to civil partners and surviving civil partners, shall have effect.



Signed by authority of the Secretary of State for Work and Pensions.


Stephen C. Timms
Minister of State, Department for Work and Pensions

25th July 2005

(a) after "a spouse's" insert "or civil partner's"; and

(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)[8] as 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) in the heading preceding it, after "deceased spouse" insert "or civil partner";

(b) in sub-paragraph (1)(a), for "widow or widower" substitute "widow, widower or surviving civil partner";

(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) 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) in the heading preceding it, after "deceased spouse" insert "or civil partner";

(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) in sub-paragraph (1A), for "paragraphs 5 to 6" (in each place) substitute "paragraphs 5 to 6A";

(d) in sub-paragraph (3)—



(i) after "5th April 2000"[9] insert "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) 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) 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) in sub-paragraph (2)—



(i) at the end of paragraph (a), omit "and"; and

(ii) at the end of paragraph (b), insert—


     " , and

(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) one-half of the increase mentioned in paragraph 5(1)(b) above, so far as attributable to employment before 6th April 1988,

(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) 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) 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) in sub-paragraph (2), for "paragraph 5, 5A or 6" substitute "paragraph 5, 5A, 6 or 6A".

    (11) Amend paragraph 7A as follows—

(a) in the heading preceding it, after "deceased spouse" insert "or civil partner"; and

(b) in sub-paragraph (2), after "widowed person's" insert "or surviving civil partner's".

    (12) Amend paragraph 7B as follows—

(a) in the heading preceding it, and in sub-paragraphs (1) and (5), after "widowed person's" insert "or surviving civil partner's";

(b) in sub-paragraph (2), after "other party to the marriage" insert "or civil partnership"; and

(c) in sub-paragraph (5)(b)(i), for "paragraphs 5 to 6" substitute "paragraphs 5 to 6A".

    (13) Amend paragraph 8 as follows—

(a) in the heading preceding it, at the end add "and civil partners"; and

(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".

     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".

(a) for "widow's or widower's" substitute "widow's, widower's or surviving civil partner's"; and

(b) for "widow or widower" (in each place) substitute "widow, widower or surviving civil partner".

     16. In section 146 (functions of the Pensions Ombudsman), in subsection (7)(b), for "widow or widower" substitute "widow, widower or surviving civil partner".

     17. In section 159A (no forfeiture on bankruptcy of rights under personal pension schemes)[15], in subsection (2)(a)(i), after "rights on divorce etc." insert "or on dissolution etc. of a civil partnership".

     18. In section 181 (general interpretation), in subsection (1), in the definition of "money purchase benefits", for "widow or widower" substitute "widow, widower or surviving civil partner".

     19. In paragraph 1(1)(a) of Schedule 3 (methods of revaluing accrued pension benefits), for "widow's or widower's" substitute "widow's, widower's or surviving civil partner's".

" (b) the spouse, civil partner, widow, widower or surviving civil partner of the member,".

     25. In section 124 (interpretation of Part I), in subsection (1), in the appropriate place insert—

" "civil partnership status", in relation to a person, means whether that person has previously formed a civil partnership and, if so, whether that civil partnership has ended,".

An assessment of the impact on business, charities or the voluntary sector of the provisions in this Order is included in the Regulatory Impact Assessment that accompanied the Civil Partnership Act 2004. A copy of that assessment has been placed in the libraries of both Houses of Parliament. Copies may be obtained from the DTI website at http://www.dti.gov.uk/access/ria/index.html#equality.

[2] 1992 c.4. Section 62(1)(c) was inserted by paragraph 17(b) of Schedule 11 to the Pensions Act 2004 (c.35).back

[3] Paragraphs 3C and 7B were inserted by paragraphs 9 and 11 of Schedule 11 to the Pensions Act 2004 (c.35).back

[4] 1999 c.30. Section 52(2) was amended by paragraph 25 of Schedule 11 to the Pensions Act 2004 (c.35).back

[5] Section 48C was inserted by paragraph 3 of Schedule 4 to the Pensions Act 1995 (c.26). Subsection (4) was amended by paragraph 7 of Schedule 8 to and paragraph 21 of Schedule 12 to the Welfare Reform and Pensions Act 1999 (c.30) and section 35(12) of the Child Support, Pensions and Social Security Act 2000 (c.19).back

[6] Section 54(3) was substituted by paragraph 21(8) of Schedule 4 to the Pensions Act 1995 (c.26).back

[7] Section 55 was substituted by section 297 of the Pensions Act 2004 (c.35).back

[8] Schedule 5 was amended by paragraph 21 of Schedule 4 to the Pensions Act 1995 (c.26) and paragraphs 1 to 14 of Schedule 11 to the Pensions Act 2004 (c.35). Paragraph 7 of Schedule 5 was amended by paragraph 40 of Schedule 1 to the Social Security (Incapacity for Work) Act 1994 (c.18).back

[9] Section 39(1) of the Child Support, Pensions and Social Security Act 2000 (c.19) provides that the reference to 5th April 2000 in sub-paragraph (3) shall have effect, and be deemed always to have had effect, as a reference to 5th October 2002.back

[10] Section 150(1)(dza) was inserted by paragraph 21 of Schedule 11 to the Pensions Act 2004 (c.35).back

[11] Subsection (7)(c) was substituted by section 131(3) of the Pensions Act 1995 (c.26).back

[12] Section 159B was inserted by paragraph 17 of Schedule 2 to the State Pension Credit Act 2002 (c.16). The definition of "war widow's or widower's pension" in subsection (6) was amended by paragraph 188 of Schedule 6 to the Income Tax (Earnings and Pensions) Act 2003 (c.1).back

[13] Section 84(5) was amended by paragraph 62 of Schedule 5 to and Part III of Schedule 7 to the Pensions Act 1995 (c.26) and section 281 of the Pensions Act 2004 (c.35).back

[14] Section 96(3)(a) was amended by paragraph 63(b) of Schedule 5 to the Pensions Act 1995 (c.26).back

[15] Section 159A was inserted by section 14 of the Welfare Reform and Pensions Act 1999 (c.30).back

[16] Section 273 of the Pensions Act 2004 (c.35) substituted new sections 50, 50A and 50B in the Pensions Act 1995 (c.26) for the former section 50 of that Act.back

[17] Section 91(5) was amended by paragraph 57(4) of Schedule 12 to the Welfare Reform and Pensions Act 1999 (c.30).back

 © Crown copyright 2005