The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019

• (c) it appears to the Panel that the outcome of the application may be different if the application were dealt with in accordance with the Act as amended by this Part.

• (2) The Panel must—

• (a) inform the applicant of the difference of outcome that appears possible,

• (b) ask the applicant if the applicant wishes for the application to be dealt with in accordance with the Act as amended by this Part, and

• (c) give the applicant a reasonable opportunity to provide any further information that would be required for the application to be so dealt with.

• (3) If the applicant—

• (a) expresses a wish for the application to be dealt with in accordance with the Act as amended by this Part, and

• (b) duly provides any information required under paragraph (2)(c),

the Panel must deal with the application in accordance with the Act as amended by this Part.

• (4) If paragraph (3) does not apply, the Panel must continue to deal with the application in accordance with the Act as it would have effect without the amendments made by this Part.

Amendments relating to registration

50

• (1) In Article 27 of the Marriage (Northern Ireland) Order 2003 (corrections and cancellations), after paragraph (2) insert—

(3) Paragraph (4) applies in relation to a marriage solemnised before, on or after 13th January 2020 where, before the marriage is solemnised, a full gender recognition certificate has been issued under the Gender Recognition Act 2004 to either or each of the parties. (4) The Registrar General, after consulting the parties, may— (a) modify, or direct a registrar to modify, the recorded status of either or both of the parties in the registration of the marriage, or (b) direct a registrar to modify the way in which the status of either or both of the parties is to be recorded when registering the marriage, for the purpose of reducing the risk that the recorded status of the parties in the registration of the marriage will disclose the issue of the gender recognition certificate or either of the certificates.

• (2) In section 147 of the Civil Partnership Act 2004 (corrections and cancellations: Northern Ireland), after subsection (2) insert—

(3) Subsection (4) applies in relation to a civil partnership formed in Northern Ireland before, on or after 13th January 2020 where, before the civil partnership is formed, a full gender recognition certificate has been issued under the Gender Recognition Act 2004 to either or each of the parties. (4) The Registrar General, after consulting the parties, may— (a) modify, or direct a registrar to modify, the recorded status of either or both of the parties in the registration of the civil partnership, or (b) direct a registrar to modify the way in which the status of either or both of the parties is to be recorded when registering the civil partnership, for the purpose of reducing the risk that the recorded status of the parties in the registration of the civil partnership will disclose the issue of the gender recognition certificate or either of the certificates.

Consequential amendments

51

In section 20(9) of the Marriage (Same Sex Couples) Act 2013 (amendments made by Part 2 of Schedule 5 do not extend to Northern Ireland), after “Northern Ireland” insert “(but see regulation 42(1) of the Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019)”.

52

In article 3(2) of the Marriage and Civil Partnership (Scotland) Act 2014 (Consequential Provisions and Modifications) Order 2014[^f00068] (provisions of the Order extending to England and Wales, and Scotland, only), after “Scotland only” insert “(but see regulation 43(1) of the Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019)”.

PART 6 — Amendments: Pensions and Social Security: Primary Legislation

Civil Pensions Act (Northern Ireland) 1925

53

• (1) The Civil Pensions Act (Northern Ireland) 1925[^f00069] is amended as follows.

• (2) In section 1(2) (persons to whom pension may be granted), for “widow” substitute “surviving spouse or civil partner”.

• (3) In section 2(1) and (2) (limit on amount of pensions), for “widow” substitute “surviving spouse or civil partner”.

Judicial Pensions Act (Northern Ireland) 1951

54

• (1) The Judicial Pensions Act (Northern Ireland) 1951[^f00070] is amended as follows.

• (2) In section 7[^f00071] (widows’, widowers’ and surviving civil partners’ pensions), after subsection (1) insert—

(1A) A surviving civil partner’s pension may not be granted in respect of a person’s service if— (a) the person retired from relevant service before 13th January 2020, and (b) power to grant the pension relies on the Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019.

County Courts Act (Northern Ireland) 1959

55

• (1) The County Courts Act (Northern Ireland) 1959[^f00072] is amended as follows.

• (2) In section 123[^f00073] (widows’, widowers’ and surviving civil partners’ pensions), after subsection (1) insert—

(1A) A surviving civil partner’s pension may not be granted in respect of a person’s service if— (a) the person retired from relevant service before 13th January 2020, and (b) power to grant the pension relies on the Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019.

• (3) In section 124(4)[^f00074] (no children’s pension for daughters who are married or for children who are civil partners), omit “female” in both places it occurs.

• (4) The amendment made by paragraph (3) applies only where the death of the deceased occurs on or after 13th January 2020.

• (5) In Schedule 2B[^f00075] (surviving civil partners’ pensions: transitional provision), in paragraph 1, in the definition of “relevant date”, after “2005” insert “, but means 12th January 2020 in relation to a civil partnership formed between two people not of the same sex”.

District Judges (Magistrates’ Courts) Pensions Act (Northern Ireland) 1960

56

• (1) The District Judges (Magistrates’ Courts) Pensions Act (Northern Ireland) 1960[^f00076] is amended as follows.

• (2) In the section 4A inserted by the Personal Pension Option (No. 1) Regulations (Northern Ireland) 1989[^f00077], after “widow’s” insert “, widower’s”.

• (3) In section 5[^f00078] (widows’, widowers’ and surviving civil partners’ pensions), after subsection (1) insert—

(1A) A surviving civil partner’s pension may not be granted in respect of a person’s service if— (a) the person retired from relevant service before 13th January 2020, and (b) power to grant the pension relies on the Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019.

• (4) In section 6(4)[^f00079] (no children’s pension for daughters who are married or for children who are civil partners), omit “female” in both places it occurs.

• (5) The amendment made by paragraph (4) applies only where the death of the deceased occurs on or after 13th January 2020.

• (6) In section 12[^f00080] (power to make rules for part-surrender of pension in return for pension for wife or dependants)—

• (a) in subsections (1) and (2), for “wife”, in each place it occurs, substitute “spouse or civil partner”,

• (b) in subsection (3), after “widow’s” insert “, widower’s, surviving civil partner’s”, and

• (c) after subsection (3) insert—

(3A) Rules under this section, or section 13, may make different provision for different purposes.

• (7) In section 13 (further power to make rules for part-surrender of pension in return for pension for wife)—

• (a) in subsection (1)—

• (i) after “married” insert “or formed a civil partnership”,

• (ii) after “marriage” insert “or of the formation of the civil partnership”, and

• (iii) for “wife” substitute “spouse or civil partner”, and

• (b) in subsection (3)—

• (i) for “wives”, in both places it occurs, substitute “spouses and civil partners”, and

• (ii) after “marriage” insert “or of the formation of the civil partnership”.

• (8) In Part 2 of Schedule 2[^f00081] (surviving civil partners’ pensions: transitional provision), in paragraph 5, in the definition of “relevant date”, after “2005” insert “, but means 12th January 2020 in relation to a civil partnership formed between two people not of the same sex”.

Lands Tribunal and Compensation Act (Northern Ireland) 1964

57

• (1) The Lands Tribunal and Compensation Act (Northern Ireland) 1964[^f00082] is amended as follows.

• (2) In section 2A[^f00083] (election to opt out of relevant pension scheme)—

• (a) in subsection (2), in the definition of “judicial pension scheme”—

• (i) after “widow’s” insert “, widower’s, surviving civil partner’s”, and

• (ii) after “widow” insert “, or widower or surviving civil partner,”, and

• (b) in subsection (9)(b), after “widow’s” insert “, or widower’s or surviving civil partner’s,”.

Superannuation (Amendment) Act (Northern Ireland) 1966

58

In paragraph 9(3) of Schedule 1 to the Superannuation (Amendment) Act (Northern Ireland) 1966[^f00084] (power in relation to children adopted after end of marriage or relevant service), after “marriage”, in each place it occurs, substitute “or civil partnership”.

Superannuation (Miscellaneous Provisions) Act (Northern Ireland) 1969

59

• (1) The Superannuation (Miscellaneous Provisions) Act (Northern Ireland) 1969[^f00085] is amended as follows.

• (2) In section 1(5) (meaning of “derivative benefit” in section 1(3)), after “widow’s” insert “,widower’s, surviving civil partner’s”.

Social Security (Northern Ireland) Act 1975

60

In Schedule 10 to the Social Security (Northern Ireland) Act 1975[^f00086] (superannuation allowances for Social Security Commissioners)—

• (a) in paragraph 7(8)(b) (interpretation), for “widow’s” substitute “surviving spouse’s, surviving civil partner’s”, and

• (b) in paragraph 7B(3)(b) (persons who may appeal), for “widow or widower,” substitute “surviving spouse or surviving civil partner,”.

Social Security Pensions (Northern Ireland) Order 1975

61

• (1) In the Social Security Pensions (Northern Ireland) Order 1975[^f00087], Article 69 is amended as follows.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) In paragraph (5ZC)—

• (a) in sub-paragraph (b), after “this paragraph” insert “, but this is subject to sub-paragraph (c)”, and

• (b) after sub-paragraph (b) insert—

(c) applies to a widow’s or widower’s or surviving civil partner’s pension, where the pension is one to which entitlement relies on the Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019, only in respect of amounts payable on or after 13th January 2020;

Pneumoconiosis, etc., (Workers’ Compensation) (Northern Ireland) Order 1979

62

For Article 5(2A) and (2B) of the Pneumoconiosis, etc., (Workers’ Compensation) (Northern Ireland) Order 1979[^f00088] substitute—

(2A) For the purposes of paragraph (1)(c), two persons are in a qualifying relationship if they are living together as if spouses of each other.

Social Security (Northern Ireland) Order 1989

63

In paragraph 2 of Schedule 5 to the Social Security (Northern Ireland) Order 1989[^f00089] (the principle of equal treatment)—

• (a) in sub-paragraph (5), after “marital” insert “, civil partnership”, and

• (b) in sub-paragraph (9)—

• (i) in paragraphs (a) and (b), for “an unmarried” substitute “a relevant”, and

• (ii) in paragraph (b), for the words after “some other person” substitute “, without being married to or civil partners of each other, live together as if spouses of each other”.

Child Support (Northern Ireland) Order 1991

64

• (1) The Child Support (Northern Ireland) Order 1991[^f00090] is amended as follows.

• (2) In Article 27(2)[^f00091] (cases of disputed parentage in which assessment may be made), in paragraph (b) of Case A1, for “was married to” substitute “is a man who was married to, or the civil partner of,”.

• (3) In Article 32L(5)[^f00092] (disposition is reviewable unless made for valuable consideration other than marriage), after “marriage” insert “or formation of a civil partnership”.

• (4) In Part 1 of Schedule 1 (as substituted by the Child Support, Pensions and Social Security Act (Northern Ireland) 2000[^f00093]), for paragraph 10C(5) and (6) substitute—

(5) In sub-paragraph (4)(a) “couple” means— (a) two people who are married to, or civil partners of, each other and are members of the same household, or (b) two people who are not married to, or civil partners of, each other but are living together as if spouses of each other.

• (5) In Part 1 of Schedule 1 (as it has effect otherwise than by virtue of the substitution by that Act of 2000), in paragraph 6—

• (a) in sub-paragraph (5)(b)[^f00094], for sub-paragraphs (i) to (iii) substitute—

(i) is living together in the same household with another adult who is the absent parent’s spouse or civil partner, or (ii) is living together in the same household with another adult as if spouses of each other,

, and

• (b) omit paragraph (5A).

Social Security Contributions and Benefits Act 1992

65

In section 171ZL(4B) of the Social Security Contributions and Benefits Act 1992[^f00095] (statutory adoption pay: meaning of “member of a couple”)—

• (a) in paragraph (a), after “Wales” insert “or Northern Ireland”, and

• (b) omit paragraph (b).

Social Security Contributions and Benefits (Northern Ireland) Act 1992

66

• (1) The Social Security Contributions and Benefits (Northern Ireland) Act 1992[^f00096] is amended as follows.

• (2) In section 37(4)[^f00097] (widowed mother’s allowance for persons widowed before 9th April 2001: events on which allowance ends), for paragraphs (b) and (c) substitute—

or (b) for any period during which she, and a person who is neither her spouse nor her civil partner, are living together as if spouses of each other.

• (3) In section 38(3)[^f00098] (widow’s pension for person’s widowed before 9th April 2001: events on which pension ends), for paragraphs (c) and (d) substitute—

or (c) for any period during which she, and a person who is neither her spouse nor her civil partner, are living together as if spouses of each other.

• (4) In section 39A(5)[^f00099] (widowed parent’s allowance for persons whose spouse or civil partner dies on or after 9th April 2001 but before 6th April 2017: events on which allowance ends), for sub-paragraphs (b) and (c) substitute—

or (b) for any period during which— (i) the surviving spouse or civil partner, and (ii) a person who is neither the spouse, nor the civil partner, of the surviving spouse or civil partner, are living together as if spouses of each other.

• (5) In section 48[^f00100], after subsection (4) insert—

(5) For the purposes of this section, a civil partnership is not to be treated as having terminated— (a) by reason of its having been— (i) converted into a marriage under section 9 of the Marriage (Same Sex Couples) Act 2013; (ii) changed into a marriage under the Marriage (Scotland) Act 1977; (iii) changed into a marriage in accordance with provision made under section 10 of the Marriage and Civil Partnership (Scotland) Act 2014; or (iv) changed into a marriage under Part 5 of the Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 2014; or (b) by reason of a marriage which has been treated in Northern Ireland as a civil partnership ceasing to be so treated with effect from 13 January 2020.

• (6) In section 48A[^f00101] (category B retirement pension for married person or civil partner)—

• (a) after subsection (2) insert—

(2A) And subsection (1) does not confer a right to a Category B retirement pension on a woman whose wife was born before 6 April 1950.

• (b) after subsection (6) insert—

(6A) For the purposes of subsection (5)(b), a person is not to be treated as having ceased to be in a civil partnership— (a) by reason of its having been— (i) converted into a marriage under section 9 of the Marriage (Same Sex Couples) Act 2013; (ii) changed into a marriage under the Marriage (Scotland) Act 1977; (iii) changed into a marriage in accordance with provision made under section 10 of the Marriage and Civil Partnership (Scotland) Act 2014; or (iv) changed into a marriage under Part 5 of the Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 2014; or (b) by reason of a marriage which has been treated in Northern Ireland as a civil partnership ceasing to be so treated with effect from 13 January 2020.

, and

• (c) after subsection (7) insert—

(8) Section 51ZA contains special rules for cases involving changes in gender.

• (7) In section 48AA[^f00102] (category B retirement pension for former spouse or civil partner)—

• (a) after subsection (2) insert—

(2A) And subsection (1) does not confer a right to a Category B retirement pension on a woman whose former wife was born before 6 April 1950.

, and

• (b) after subsection (8) insert—

(9) Section 51ZA contains special rules for cases involving changes in gender.

• (8) In section 48B[^f00103] (category B retirement pension for surviving spouse or civil partner)—

• (a) after subsection (1ZA) insert—

(1ZAA) And subsection (1) does not confer a right to a Category B retirement pension on a woman who attained pensionable age before 6 April 2010 if the spouse was a woman.

, and

• (b) after subsection (10) insert—

(11) Section 51ZA contains special rules for cases involving changes in gender.

• (9) In section 51[^f00104] (category B retirement pension for widower or civil partner)—

• (a) in subsection (1), for “man” substitute “person”,

• (b) in subsection (1), for “wife”, in both places it occurs, substitute “spouse”,

• (c) in subsection (2), after “on” insert—

— (a) a woman whose husband has died, or (b)

, and

• (d) in subsection (7), before the “or” at the end of paragraph (a) insert—

(aa) a surviving party to a marriage of a same sex couple,

, and

• (e) after subsection (11) insert—

(12) Section 51ZA contains special rules for cases involving changes in gender.

• (10) After section 51 insert—

(51ZA) (1) Section 48A(2A) does not prevent a woman from being entitled to a Category B retirement pension under section 48 in a case where— (a) her spouse is a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and (b) the marriage subsisted before the time when that certificate was issued. (2) Section 48AA(2A) does not prevent a woman from being entitled to a Category B retirement pension under section 48AA in a case where— (a) her former spouse was, at the time the marriage was dissolved, a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and (b) the marriage subsisted before the time when that certificate was issued. (3) Section 48B(1ZAA) does not prevent a woman being entitled to a Category B retirement pension under section 48B in a case where— (a) her dead spouse was, at the time of death, a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and (b) the marriage subsisted before the time when that certificate was issued, and in such a case the reference in section 48B(1ZB)(a)(ii) to the spouse having attained pensionable age before 6 April 2010 is to be read as a reference to the spouse having been born before 6 April 1945. (4) Section 51(1) does not confer a right to a Category B retirement pension on a woman if— (a) her dead spouse was, at the time of death, a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and (b) the marriage subsisted before the time when that certificate was issued.

• (11) In section 62[^f00105] (regulations in connection with graduated retirement benefit)—

• (a) in subsection (1), after paragraph (ac) insert—

(ad) for extending section 36 of that Act (increase of woman’s retirement pension by reference to her late husband’s graduated retirement benefit) to— (i) men and their late husbands, and (ii) women and their late wives, and for that section (except subsection (5)) so to apply as it applies to women and their late husbands; (ae) for extending section 36 of that Act (increase of woman’s retirement pension by reference to her late husband’s graduated retirement benefit) to— (i) men and their late husbands, and (ii) women and their late wives, who attained pensionable age before 6th April 2010 and for that section (except subsection (5)) so to apply as it applies to men and their late wives;

, and

• (b) after subsection (2) insert—

(3) In relevant gender change cases, women and their late wives are to be treated for the purposes of sections 35 and 36 of the National Insurance Act (Northern Ireland) 1966 in the same way as women and their late husbands. (4) For that purpose “relevant gender change case”, in relation to a woman (“the pensioner”) and her late wife, means a case where— (a) the late wife was, at the time of her death, a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and (b) the marriage of the pensioner and her late wife subsisted before the time when the certificate was issued.

• (12) In section 77(9)[^f00106] (guardian’s allowance: more than one person entitled)—

• (a) for “a husband and wife are residing together” substitute “a man and woman are married to, or civil partners of, each other and are residing together,”, and

• (b) for “the wife” substitute “the woman”.

• (13) Omit section 121(1A)[^f00107].

• (14) In section 133[^f00108] (interpretation of Part 7)—

• (a) in subsection (1), for the definition of “couple” substitute—

• “couple” means— two people who are married to, or civil partners of, each other and are members of the same household, or two people who are not married to, or civil partners of, each other but are living together as if spouses of each other otherwise than in prescribed circumstances;

, and

• (b) omit subsection (1A).

• (15) In section 141A[^f00109] (entitlement to child benefit after death of child or qualifying young person)—

• (a) in subsection (2)(b), for “an unmarried couple or a cohabiting same-sex couple” substitute “a cohabiting couple”,

• (b) in subsection (5)—

• (i) in the definition of “civil partnership” omit “of the same sex”,

• (ii) for the definition of “cohabiting same-sex couple” substitute—

• “cohabiting couple” means two people who are not married to, or civil partners of, each other but are living together as if spouses of each other;

, and

• (iii) omit the definition of “unmarried couple”, and

• (c) omit subsection (6).

• (16) In section 167ZL[^f00110] (statutory adoption pay: entitlement)—

• (a) in subsection (4)(b) (no election for statutory adoption pay where child being adopted by couple and other member of couple has made election)—

• (i) for “married couple or civil partnership and his spouse or civil partner” substitute “couple and the other member of the couple”, and

• (ii) for “his spouse or civil partner”, in the second place it occurs, substitute “that other member of the couple”, and

• (b) after subsection (4) insert—

(4A) In subsection (4)(b) “couple” has the same meaning as in the Adoption (Northern Ireland) Order 1987 (see Article 2(6) to (8) of that Order).

[^f00111].

• (17) In Schedule 3[^f00112] (contribution conditions for entitlement to benefit), in paragraphs 5(1)(c) and 5A(1)(b), for “51” substitute “51ZA”.

• (18) In Schedule 5 (cases where entitlement to retirement pension is deferred)—

• (a) in paragraph 5(2)[^f00113]—

• (i) in paragraph (a), for “a widow, an” substitute—

a woman— (i) whose deceased spouse was a man, or (ii) who falls within paragraph 7(3) below, an

• (ii) in paragraph (b), for “widower” substitute “man whose deceased spouse was a woman”, and

• (iii) in paragraph (c), for “is a surviving civil partner, an” substitute—

is— (i) a woman who does not fall within paragraph 7(3) below and whose deceased spouse was a woman, (ii) a man whose deceased spouse was a man, or (iii) a surviving civil partner, an

• (b) in paragraph 5A(1), for “widow” substitute—

woman— (a) whose deceased spouse was a man, or (b) who falls within paragraph 7(3) below.

• (c) in paragraph 5A(2) and (3), for “husband”, in each place it occurs, substitute “spouse”,

• (d) in paragraph 6(1), for “widower” substitute “man whose deceased spouse was a woman”,

• (e) in paragraph 6A(1)[^f00114], for “is a surviving civil partner” substitute—

is— (a) a woman who does not fall within paragraph 7(3) below and whose deceased spouse was a woman, (b) a man whose deceased spouse was a man, or (c) a surviving civil partner.

• (f) in paragraph 6A(2)(c), after “deceased” insert “spouse or”, and

• (g) in paragraph 7, after sub-paragraph (2) insert—

(3) For the purposes of paragraphs 5, 5A and 6A above, a woman falls within this sub-paragraph if— (a) she was married to another woman who, at the time of her death, was a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and (b) that marriage subsisted before the time when that certificate was issued.

• (19) In Schedule 7[^f00115] (industrial injuries benefits)—

• (a) in paragraph 4(3)(a), for sub-paragraphs (ii) and (iii) substitute—

or (ii) two people who are not married to, or civil partners of, each other but are living together as if spouses of each other, and

, and

• (b) in paragraph 15(3), for the words after “beneficiary is” substitute “neither married, nor a party to a civil partnership, but is living together with another person as if they were spouses of each other.”.

• (20) In Schedule 10 (priority as between different persons otherwise entitled to child benefit in respect of same child)—

• (a) for paragraph 3 substitute—

(3) Subject to paragraphs 1 and 2 above, as between a man and woman who are married to, or civil partners of, each other and are residing together, the woman shall be entitled.

, and

• (b) in paragraph 4(2)[^f00116], for “not husband and wife” substitute “do not fall within paragraph 3”.

Social Security Administration (Northern Ireland) Act 1992

67

• (1) In the Social Security Administration (Northern Ireland) Act 1992[^f00117], section 110(5) and (6) (competence and compellability of spouses as witnesses) are omitted.

• (2) In consequence of paragraph (1), in Schedule 5 to the Healthy Start Scheme and Day Care Food Scheme Regulations (Northern Ireland) 2006[^f00118], in the entry for section 110 of the Social Security Administration (Northern Ireland) 1992—

• (a) in column 1, for “, (3)(a) and (5)” substitute “and (3)(a)”, and

• (b) in column 2, omit paragraph (d).

• (3) The amendments made by paragraphs (1) and (2) apply only in relation to offences committed on or after 13th January 2020.

Pension Schemes (Northern Ireland) Act 1993

68

• (1) The Pension Schemes (Northern Ireland) Act 1993[^f00119] is amended as follows.

• (2) In section 4(2), in the definition of “guaranteed minimum pension”[^f00120], after “widower’s” insert “, surviving same sex spouse’s”.

• (3) In section 13[^f00121] (minimum pensions for surviving spouses and civil partners)—

• (a) in subsection (2)(a), after “is a man” insert “, or a woman in a relevant gender change case,”,

• (b) in subsection (2), after paragraph (c) insert—

(d) if the earner is a man who has a guaranteed minimum under that section, the weekly rate of the widower’s pension will not be less than the surviving same sex spouse’s guaranteed minimum; (e) if the earner is a woman (other than in a relevant gender change case) who has a guaranteed minimum under that section, the weekly rate of the widow’s pension will not be less than the surviving same sex spouse’s guaranteed minimum.

• (c) in subsection (4), after “surviving civil partner’s” insert “or surviving same sex spouse’s”,

• (d) in subsection (4A)(c), for sub-paragraph (i) substitute—

(i) comprises a period during which— (a) the widow, widower or surviving civil partner, and (b) another person, are living together as if spouses of each other, nor

• (e) in subsection (5), at the beginning insert “In the case of a woman who is the widow of a man,”,

• (f) in subsection (6)—

• (i) at the beginning insert “In any other case,”, and

• (ii) after “widower’s” insert “, widow’s”,

• (g) omit subsection (9), and

• (h) after subsection (10) insert—

(11) This section is subject to regulations under section 34A. (12) In relation to an earner who is a woman, a reference in this section to a relevant gender change case is a reference to a case where— (a) the earner is a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and (b) the marriage of the earner and her widow (that ends with the earner’s death) subsisted before the time when the certificate was issued.

• (4) In section 20D[^f00122] (survivor benefits)—

• (a) in subsection (2), after “if the earner” insert “is a man married to a woman or a woman married to a woman in a relevant gender change case, and the earner”,

• (b) in subsection (3)—

• (i) after “if the earner” insert “is a married woman (other than in a relevant gender change case), a man married to a man, or a civil partner, and the earner”, and

• (ii) after “widower” insert “, widow”, and

• (c) after subsection (3) insert—

(4) In relation to an earner who is a woman, a reference in this section to a relevant gender change case is a reference to a case where— (a) the earner is a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and (b) the marriage of the earner and her widow (that ends with the earner’s death) subsisted before the time when the certificate was issued. (5) This section is subject to regulations under section 34A.

• (5) For section 33(4)[^f00123] (alteration of rules of contracted-out schemes: when beneficiary includes widower or surviving civil partner) substitute—

(4) The reference in subsection (3) to a person entitled to receive benefits under a scheme includes a person who is so entitled by virtue of a qualifying relationship only in such cases as may be prescribed. (5) For that purpose a person is entitled to receive benefits by virtue of a qualifying relationship if the person is so entitled by virtue of being— (a) the widower of a female earner; (b) the widower of a male earner; (c) the widow of a female earner, except where it is a relevant gender change case; or (d) the survivor of a civil partnership with an earner. (6) In relation to a widow of a female earner, the reference in subsection (5)(c) to a relevant gender change case is a reference to a case where— (a) the earner is a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and (b) the marriage of the earner and her widow (that ends with the earner’s death) subsisted before the time when the certificate was issued. (7) This section is subject to regulations under section 34A.

• (6) Before section 35 (and after the italic heading preceding that section) insert—

(34A) to have its special effect in relevant gender change cases only if conditions prescribed in the regulations are met. (1) The Department may, by regulations, make provision for— (a) section 13, (b) section 20D, or (c) section 33, (2) Regulations under subsection (1) may, in particular, prescribe conditions that relate to the provision of information by— (a) one or both of the members of married same sex couples, or (b) the survivors of such couples. (3) The Department may by regulations make further provision about cases where (because of regulations under subsection (1))— (a) section 13, (b) section 20D, or (c) section 33, does not have its special effect in relevant gender change cases. (4) Regulations under subsection (3) may, in particular, provide for the section in question to have its ordinary effect in relevant gender change cases. (5) Regulations under subsection (1) or (3) may, in particular, modify or disapply any enactment that concerns information relating to— (a) the gender or sex of a person, or (b) the change of gender or sex of a person, including any enactment that concerns requests for, or disclosure of, such information. (6) In this section, in relation to section 13, 20D or 33— (a) “relevant gender change case” has the same meaning as in that section; (b) “special effect” means the effect which the section has (if regulations under subsection (1) are ignored) in relation to relevant gender change cases, so far as that effect is different from the section’s ordinary effect; (c) “ordinary effect” means the effect which the section has in relation to same sex married couples in cases that are not relevant gender change cases.

• (7) In section 43(1)[^f00124] (provisions about guaranteed minimum pensions), after “widower” insert “,surviving same sex spouse”.

• (8) In section 80 (revaluation method), as it has effect ignoring the substitution to be made by the Pension Schemes Act (Northern Ireland) 2016[^f00125], in subsection (5)[^f00126], after “widower” insert “, surviving same sex spouse”.

• (9) In section 95(3)(b) (time limit for implementing section 91 option where there is a risk of forfeiture of benefits of the member or widow), for “his widow” substitute “the member’s surviving spouse or civil partner”.

• (10) In paragraph 1(1E)(b)[^f00127] of Schedule 2 (meaning of “accrued benefit”), after “widower” insert “, surviving same sex spouse”.

Jobseekers (Northern Ireland) Order 1995

69

In Article 2 of the Jobseekers (Northern Ireland) Order 1995[^f00128]—

• (a) in paragraph (2), for the definition of “couple” substitute—

• “couple” means— two people who are married to, or civil partners of, each other and are members of the same household, or two people who are not married to, or civil partners of, each other but are living together as if spouses of each other otherwise than in prescribed circumstances;

, and

• (b) omit paragraph (2A).

Social Security (Northern Ireland) Order 1998

70

In Article 68 of the Social Security (Northern Ireland) Order 1998[^f00129] (child benefit for lone parents)—

• (a) in paragraph (2)(b), for “as his spouse or civil partner” substitute “as if spouses of each other”, and

• (b) omit paragraph (3).

State Pension Credit Act (Northern Ireland) 2002

71

In section 17 of the State Pension Credit Act (Northern Ireland) 2002[^f00130] (interpretation)—

• (a) in subsection (1), for the definition of “couple” substitute—

• “couple” means— two people who are married to, or civil partners of, each other and are members of the same household, or two people who are not married to, or civil partners of, each other but are living together as if spouses of each other otherwise than in prescribed circumstances;

, and

• (b) omit subsection (1A).

Welfare Reform Act (Northern Ireland) 2007

72

In paragraph 6 of Schedule 1 to the Welfare Reform Act (Northern Ireland) 2007[^f00131]—

• (a) in sub-paragraph (5), for the definition of “couple” substitute—

• “couple” means— two people who are married to, or civil partners of, each other and are members of the same household, or two people who are not married to, or civil partners of, each other but are living together as if spouses of each other otherwise than in prescribed circumstances;

, and

• (b) omit sub-paragraph (6) (interpretation of definition of “couple”).

Pensions Act (Northern Ireland) 2015

73

In paragraph 4 of Schedule 6 to the Pensions Act (Northern Ireland) 2015[^f00132]—

• (a) the existing text becomes sub-paragraph (1) of paragraph 4, and

• (b) after that sub-paragraph insert—

(2) For the purposes of this paragraph, a civil partnership is not to be treated as having come to an end— (a) by reason of its having been— (i) converted into a marriage under section 9 of the Marriage (Same Sex Couples) Act 2013; (ii) changed into a marriage under the Marriage (Scotland) Act 1977; (iii) changed into a marriage in accordance with provision made under section 10 of the Marriage and Civil Partnership (Scotland) Act 2014; or (iv) changed into a marriage under Part 5 of the Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 2014; or (b) by reason of a marriage which has been treated in Northern Ireland as a civil partnership ceasing to be so treated with effect from 13 January 2020.

Welfare Reform (Northern Ireland) Order 2015

74

• (1) The Welfare Reform (Northern Ireland) Order 2015[^f00133] is amended as follows.

• (2) In Article 45 (meaning of “couple”)—

• (a) for paragraphs (1) and (2) substitute—

(1) In this Part “couple” means— (a) two people who are married to, or civil partners of, each other and are members of the same household, or (b) two people who are not married to, or civil partners of, each other but are living together as if spouses of each other.

, and

• (b) in paragraph (3)(b)—

• (i) for “a man and a woman” substitute “two people”, and

• (ii) for “as husband and wife” substitute “as if spouses of each other”.

PART 7 — Amendments: Pensions and Social Security: Secondary Legislation

Social Security (Benefit) (Married Women and Widows Special Provisions) (Northern Ireland) Regulations 1975

75

In regulation 3 of the Social Security (Benefit) (Married Women and Widows Special Provisions) (Northern Ireland) Regulations 1975[^f00134] (provision where woman ceases to be entitled to widowed mother’s allowance otherwise than by reason of remarriage, formation of a civil partnership, or cohabitation with a man as his wife)—

• (a) in paragraph (1), in the words before sub-paragraph (a), for “a man as his wife,” substitute “another person as if spouses of each other,”, and

• (b) in paragraph (7)(b), for “a man as his wife” substitute “another person as if spouses of each other”.

Social Security (Credits) Regulations (Northern Ireland) 1975

76

• (1) The Social Security (Credits) Regulations (Northern Ireland) 1975[^f00135] are amended as follows.

• (2) In regulation 8C(2), for “a person of the opposite sex as husband and wife” substitute “another person as if spouses of each other”.

• (3) In paragraph 3 of the Schedule, for the words from “consisting” to the end substitute “consisting of two people who are not married to or civil partners of each other but are living together as if spouses of each other.”.

Social Security Benefit (Dependency) Regulations (Northern Ireland) 1977

77

In paragraph 2C of Schedule 2 to the Social Security Benefit (Dependency) Regulations (Northern Ireland) 1977[^f00136], for the definition of “couple” substitute—

• “couple” means— two people who are married to, or civil partners of, each other and are members of the same household, or two people who are not married to, or civil partners of, each other but are living together as if spouses of each other;

Social Security (Graduated Retirement Benefit) (No. 2) Regulations (Northern Ireland) 1978

78

In regulation 3 in Schedule 3 to the Social Security (Graduated Retirement Benefit) (No. 2) Regulations (Northern Ireland) 1978[^f00137] (which sets out regulations 2 and 3 of the Social Security (Graduated Retirement Benefit) Regulations (Northern Ireland) 1978[^f00138] as continued in force with modifications), after “former spouse” insert “or former civil partner”.

Social Security (Widow’s Benefit, Retirement Pensions and Other Benefits) (Transitional) Regulations (Northern Ireland) 1979

79

In the Social Security (Widow’s Benefit, Retirement Pensions and Other Benefits) (Transitional) Regulations (Northern Ireland) 1979[^f00139], in regulation 7(10) (person whose former spouse was a pre-1975 contributor)—

• (a) after “former spouse”, in each place it occurs, insert “or former civil partner”,

• (b) after “said spouse” insert “or civil partner”,

• (c) after “former spouse’s” insert “or former civil partner’s”, and

• (d) after “whichever is the earlier” insert “(or, in the case of a civil partnership, the year 1975/76)”.

Income Support (General) Regulations (Northern Ireland) 1987

80

In regulation 2(1) of the Income Support (General) Regulations (Northern Ireland) 1987[^f00140], for the definition of “couple” substitute—

• “couple” means— two people who are married to, or civil partners of, each other and are members of the same household, or two people who are not married to, or civil partners of, each other but are living together as if spouses of each other;

Social Security (Claims and Payments) Regulations (Northern Ireland) 1987

81

In regulation 2 of the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987[^f00141], for the definition of “couple” substitute—

• “couple” means— two people who are married to, or civil partners of, each other and are members of the same household, or two people who are not married to, or civil partners of, each other but are living together as if spouses of each other;

Judicial Pensions (Requisite Benefits) Order (Northern Ireland) 1988

82

• (1) The Judicial Pensions (Requisite Benefits) Order (Northern Ireland) 1988[^f00142] is amended as follows.

• (2) In article 4, for “his widow” substitute “that person’s surviving spouse or surviving civil partner”.

• (3) In article 7—

• (a) in the heading, for “Widow’s” substitute “Surviving spouse’s or surviving civil partner’s”,

• (b) in paragraph (1), for “his widow” substitute “that person’s surviving spouse or surviving civil partner”, and

• (c) in paragraph (2), for “widow’s” substitute “surviving spouse’s or surviving civil partner’s”.

• (4) In article 9—

• (a) for the heading substitute “Guaranteed minimum pension for surviving spouse or surviving civil partner”,

• (b) in paragraph (1)—

• (i) for “his widow” substitute “that person’s surviving spouse or surviving civil partner”, and

• (ii) for “her” substitute “that survivor’s”, and

• (c) in paragraph (3)(b), for “widow’s” substitute “surviving spouse’s or surviving civil partner’s”.

• (5) Omit article 10.

• (6) In article 11(3), for “widow’s” substitute “surviving spouse’s or surviving civil partner’s”.

• (7) For article 12(1) substitute—

(1) Where, on the date when an office-holder (“O”) ceases to hold office, O is neither married nor in a civil partnership, O may be required to undertake, in return for payment to O of a lump sum under or by virtue of whichever of the enactments mentioned in paragraph (2) is applicable to O, that O will, on the first time afterwards O enters into a relevant relationship, pay a contribution in respect of benefits that may become payable to O’s surviving spouse or surviving civil partner by virtue of articles 7 and 9; and for this purpose O enters into a relevant relationship if O marries or enters into civil partnership.

• (8) In article 12(3)—

• (a) for “the office-holder’s” substitute “O’s”,

• (b) for “his” substitute “O’s prior to 6th April 1997”[^f00143],

• (c) in sub-paragraph (a), for each of “him” and “he” substitute “O”,

• (d) in sub-paragraph (b)(i), for “he was a married man” substitute “O was married or in a civil partnership”, and

• (e) in sub-paragraph (b)(ii), for “his contracted before he” substitute “O’s contracted, or a civil partnership of O’s entered into, before O”.

• (9) In article 13 —

• (a) in the heading, after “marriage” insert “or entry into a civil partnership”, and

• (b) for the words after “Where” substitute “an office-holder (“O”) marries or enters into a civil partnership after O has ceased to hold office, and not more than six months before O’s death, any pension paid to O’s surviving spouse or surviving civil partner by virtue of this Order is to be limited to the guaranteed minimum pension due to that person.”.

Child Support (Maintenance Assessments and Special Cases) Regulations (Northern Ireland) 1992

83

In regulation 1(2) of the Child Support (Maintenance Assessments and Special Cases) Regulations (Northern Ireland) 1992[^f00144], for the definition of “couple” substitute—

• “couple” means— two people who are married to, or civil partners of, each other and are members of the same household, or two people who are not married to, or civil partners of, each other but are living together as if spouses of each other;

Child Support (Collection and Enforcement) Regulations (Northern Ireland) 1992

84

• (1) In regulation 3(9) of the Child Support (Collection and Enforcement) Regulations (Northern Ireland) 1992[^f00145], for the definition of “couple” substitute—

• “couple” means— two people who are married to, or civil partners of, each other and are members of the same household, or two people who are not married to, or civil partners of, each other but are living together as if spouses of each other;

• (2) In regulation 8(5)(c)(ii) of those Regulations (deductibility of contributions towards certain superannuation benefits), for “widow” substitute “surviving spouse”.

Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995

85

In regulation 2(1) of the Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995[^f00146], for the definition of “couple” substitute—

• “couple” means— two people who are married to, or civil partners of, each other and are members of the same household; or two people who are not married to, or civil partners of, each other but are living together as if spouses of each other;

Social Security (Additional Pension) (Contributions Paid in Error) Regulations (Northern Ireland) 1996

86

In regulations 2(3) and 3(2) of the Social Security (Additional Pension) (Contributions Paid in Error) Regulations (Northern Ireland) 1996[^f00147], after “spouse” insert “or civil partner”.

Jobseeker’s Allowance Regulations (Northern Ireland) 1996

87

In regulation 1(2) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996[^f00148], for the definition of “couple” substitute—

• “couple” means— two people who are married to, or civil partners of, each other and are members of the same household, or two people who are not married to, or civil partners of, each other but are living together as if spouses of each other;

Occupational Pension Schemes (Contracting-out) Regulations (Northern Ireland) 1996

88

• (1) The Occupational Pension Schemes (Contracting-out) Regulations (Northern Ireland) 1996[^f00149] are amended as follows.

• (2) Omit regulation 1(1A) (meaning of living together as civil partners).

• (3) In regulation 26(1)—

• (a) in sub-paragraph (b), for paragraphs (iii) and (iv) substitute—

or (iii) lives together with another person as if spouses of each other,

, and

• (b) in sub-paragraph (c), for the words from “death” to the end substitute “death living together with another person, whom he or she is not married to or in a civil partnership with, as if they were spouses of each other.”.

• (4) For regulation 26(2) substitute—

(2) The following provisions do not apply where the scheme member died before 5th December 2005— (i) paragraph (1)(b)(i) so far as it relates to a marriage or remarriage involving two people of the same sex, (ii) paragraph (1)(b)(ii), and (iii) paragraph (1)(b)(iii), and paragraph (1)(c), so far as they relate to the living together of two people of the same sex.

Social Security (Computation of Earnings) Regulations (Northern Ireland) 1996

89

In regulation 2(1) of the Social Security (Computation of Earnings) Regulations (Northern Ireland) 1996[^f00150], for the definition of “couple” substitute—

• “couple” means— two people who are married to, or civil partners of, each other and are members of the same household; or two people who are not married to, or civil partners of, each other but are living together as if spouses of each other;

Contracting-out (Transfer and Transfer Payment) Regulations (Northern Ireland) 1996

90

In the Contracting-out (Transfer and Transfer Payment) Regulations (Northern Ireland) 1996[^f00151], in paragraph 6 of Schedule 2, after “widower’s” insert “or surviving civil partner’s”.

Social Security (Child Maintenance Bonus) Regulations (Northern Ireland) 1996

91

In regulation 1(2) of the Social Security (Child Maintenance Bonus) Regulations (Northern Ireland) 1996[^f00152], for the definition of “couple” substitute—

• “couple” means— two people who are married to, or civil partners of, each other and are members of the same household, or two people who are not married to, or civil partners of, each other but are living together as if spouses of each other;

Occupational Pension Schemes (Scheme Administration) Regulations (Northern Ireland) 1997

92

In the Occupational Pension Schemes (Scheme Administration) Regulations (Northern Ireland) 1997[^f00153], in regulation 7(d), for “husband or wife” substitute “spouse or civil partner”.

Occupational Pension Schemes (Discharge of Liability) Regulations (Northern Ireland) 1997

93

• (1) The Occupational Pension Schemes (Discharge of Liability) Regulations (Northern Ireland) 1997[^f00154] are amended as follows.

• (2) Omit regulation 1(1A)[^f00155].

• (3) In regulation 11[^f00156]—

• (a) in paragraph (4)(b), for paragraphs (iii) to (v) substitute—

(iii) lives together with another person as if they were spouses of each other (and does so without being married to, or the civil partner of, that other person), or (v) at the time of the beneficiary’s death is living together with another person as if they were spouses of each other (and is not at that time married to, or the civil partner of, that other person).

, and

• (b) for paragraph (7) substitute—

(7) The following provisions do not apply where the beneficiary died before 5th December 2005— (a) paragraph (4)(b)(i) so far as it relates to a marriage or remarriage involving two people of the same sex; (b) paragraph (4)(b)(ii), and (c) paragraphs (iii) and (v) of paragraph (4)(b) so far as they relate to the living together of two people of the same sex.

Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999

94

In regulation 1(2) of the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999[^f00157], for the definition of “couple” substitute—

• “couple” means— two people who are married to, or civil partners of, each other and are members of the same household, or two people who are not married to, or civil partners of, each other but are living together as if spouses of each other;

Social Fund Winter Fuel Payment Regulations (Northern Ireland) 2000

95

In regulation 1(2) of the Social Fund Winter Fuel Payment Regulations (Northern Ireland) 2000[^f00158], for the definition of “couple” substitute—

• “couple” means— two people who are married to, or civil partners of, each other and are members of the same household, or two people who are not married to, or civil partners of, each other but are living together as if spouses of each other;

Child Support (Maintenance Calculations and Special Cases) Regulations (Northern Ireland) 2001

96

In regulation 1(2) of the Child Support (Maintenance Calculations and Special Cases) Regulations (Northern Ireland) 2001[^f00159], for the definition of “couple” substitute—

• “couple” means— two people who are married to, or civil partners of, each other and are members of the same household, or two people who are not married to, or civil partners of, each other but are living together as if spouses of each other;

Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001

97

In regulation 1(2) of the Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001[^f00160], for the definition of “couple” substitute—

• “couple” means— two people who are married to, or civil partners of, each other and are members of the same household, or two people who are not married to, or civil partners of, each other but are living together as if spouses of each other;

Tax Credit (Appeals) Regulations (Northern Ireland) 2002

98

In regulation 1(3) of the Tax Credits (Appeals) Regulations (Northern Ireland) 2002[^f00161], for the definition of “couple” substitute—

• “couple” means— two people who are married to, or civil partners of, each other and are members of the same household, or two people who are not married to, or civil partners of, each other but are living together as if spouses of each other;

State Pension Credit Regulations (Northern Ireland) 2003

99

In regulation 1(2) of the State Pension Credit Regulations (Northern Ireland) 2003[^f00162], for the definition of “couple” substitute—

• “couple” means— two people who are married to, or civil partners of, each other and are members of the same household, or two people who are not married to, or civil partners of, each other but are living together as if spouses of each other;

Social Security (Work-focused Interviews for Partners) Regulations (Northern Ireland) 2003

100

In regulation 1(2) of the Social Security (Work-focused Interviews for Partners) Regulations (Northern Ireland) 2003[^f00163], for the definition of “couple” substitute—

• “couple” means— two people who are married to, or civil partners of, each other and are members of the same household, or two people who are not married to, or civil partners of, each other but are living together as if spouses of each other;

Travelling Expenses and Remission of Charges Regulations (Northern Ireland) 2004

101

• (1) The Travelling Expenses and Remission of Charges Regulations (Northern Ireland) 2004[^f00164] are amended as follows.

• (2) In regulation 2—

• (a) in the definition of “couple”, for “means a married couple or unmarried couple as specified under” substitute “has the meaning given by”, and

• (b) in the definition of “partner” omit “married or an unmarried”.

• (3) In Schedule 1, in Table A, in the paragraph 8A treated as inserted in Schedule 8 to the 1987 Regulations, omit “married or unmarried”.

Financial Assistance Scheme Regulations 2005

102

In regulation 2(1) of the Financial Assistance Scheme Regulations 2005[^f00165], for the definition of “partner” substitute—

• “partner” means a person who was not married to, or in a civil partnership with, the qualifying member but who was living with that member as if that person and the qualifying member were a married couple or civil partners;

Pension Protection Fund (Compensation) Regulations (Northern Ireland) 2005

103

In regulation 1(2) of the Pension Protection Fund (Compensation) Regulations (Northern Ireland) 2005[^f00166], in the definition of “relevant partner”—

• (a) for “— (a)” substitute “but”, and

• (b) for the words from “are husband and wife” to the end substitute “were spouses of each other;”.

Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 2005

104

In regulation 2(1) of the Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 2005[^f00167], for the definition of “couple” substitute—

• “couple” means— two people who are married to, or civil partners of, each other and are members of the same household, or two people who are not married to, or civil partners of, each other but are living together as if spouses of each other;

Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 2006

105

In Schedule 6 to the Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 2006[^f00168], in item 26, in the third column, after “who has not” insert “married or”.

Occupational Pension Schemes (Modification of Schemes) Regulations (Northern Ireland) 2006

106

• (1) The Occupational Pension Schemes (Modification of Schemes) Regulations (Northern Ireland) 2006[^f00169] are amended as follows.

• (2) In regulation 3 (modifications to which subsisting rights provisions do not apply)—

• (a) omit the “or” at the end of paragraph (h),

• (b) in paragraph (i), in each of sub-paragraphs (i) and (ii), for “widow or widower” substitute “surviving opposite sex spouse”, and

• (c) after paragraph (i) insert—

, or (j) which provides in relation to all or part of a member’s subsisting rights that after the member’s death— (i) a surviving same sex spouse is treated in the same way as a surviving opposite sex spouse, and (ii) the rights of any other survivor of the member are determined as if the surviving same sex spouse were a surviving opposite sex spouse.

• (3) In regulation 7(1) (modifications which trustees may make), for “widow or widower”, in both places it occurs, substitute “surviving opposite sex spouse”.

• (4) After regulation 7 insert—

(7ZA) The trustees of a trust scheme may by resolution modify the scheme in relation to all or part of a member’s subsisting rights so that after the member’s death— (a) a surviving same sex spouse is treated in the same way as a surviving opposite sex spouse, and (b) the rights of any other survivor are determined as if the surviving same sex spouse were a surviving opposite sex spouse.

Pension Protection Fund (General and Miscellaneous Amendments) Regulations (Northern Ireland) 2006

107

In the Pension Protection Fund (General and Miscellaneous Amendments) Regulations (Northern Ireland) 2006[^f00170], in the definition of “relevant partner” in regulation 1(2)—

• (a) for “— (a)” substitute “but”, and

• (b) for the words from “husband and wife” to the end substitute “spouses of each other;”.

Housing Benefit regulations of 2006

108

In regulation 2(1) of the Housing Benefit Regulations (Northern Ireland) 2006[^f00171], and in regulation 2(1) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006[^f00172], for the definition of “couple” substitute—

• “couple” means— two people who are married to, or civil partners of, each other and are members of the same household, or two people who are not married to, or civil partners of, each other but are living together as if spouses of each other;

Rate Relief regulations of 2007

109

• (1) In the Rate Relief (Qualifying Age) Regulations (Northern Ireland) 2007[^f00173], omit regulation 52(4) and (5) (competence and compellability of spouses as witnesses).

• (2) In the Rate Relief (General) Regulations (Northern Ireland) 2007[^f00174], omit regulation 53(4) and (5) (competence and compellability of spouses as witnesses).

• (3) The amendments made by paragraphs (1) and (2) apply only in relation to offences committed on or after 13th January 2020.

Employment and Support Allowance Regulations (Northern Ireland) 2008

110

In regulation 2(1) of the Employment and Support Allowance Regulations (Northern Ireland) 2008[^f00175], for the definition of “couple” substitute—

• “couple” means— two people who are married to, or civil partners of, each other and are members of the same household, or two people who are not married to, or civil partners of, each other but are living together as if spouses of each other;

Pension Protection Fund (Pension Compensation Sharing and Attachment on Divorce etc.) Regulations (Northern Ireland) 2011

111

In regulation 1(2) of the Pension Protection Fund (Pension Compensation Sharing and Attachment on Divorce etc.) Regulations (Northern Ireland) 2011[^f00176], in the definition of “relevant partner”, for the words from “and who was living” to the end substitute “but who was living with the transferee as if spouses of each other”.

State Pension Regulations (Northern Ireland) 2015

112

For regulation 30(4) of the State Pension Regulations (Northern Ireland) 2015[^f00177] substitute—

(4) In this regulation “couple” means— (a) two people who are married to, or civil partners of, each other and are neither— (i) separated under a court order, nor (ii) separated in circumstances in which the separation is likely to be permanent, or (b) two people who are not married to, or civil partners of, each other but are living together as if spouses of each other.

Occupational Pension Schemes (Schemes that were Contracted-out) Regulations (Northern Ireland) 2016

113

• (1) The Occupational Pension Schemes (Schemes that were Contracted-out) Regulations (Northern Ireland) 2016[^f00178] are amended as follows.

• (2) In regulation 12(1)—

• (a) in the words before sub-paragraph (a), for “a pension to be payable to a widower or surviving civil partner” substitute “such a pension to be payable”, and

• (b) in sub-paragraphs (a) to (e), after “widower”, in each place it occurs, insert “, widow”.

• (3) In regulation 13—

• (a) in the heading, after “widower’s” insert “, widow’s”,

• (b) in paragraphs (1), (3) and (3B), after “widower’s” insert “, widow’s”,

• (c) in paragraph (4)(a), after “widower” insert “, widow”,

• (d) in paragraph (4), for sub-paragraphs (b) to (d) substitute—

(b) during which the surviving spouse or civil partner is under pensionable age and he or she and another person are living together as if spouses of each other; or (c) after the surviving spouse or civil partner has attained pensionable age if, immediately before he or she attained that age, he or she and another person were living together as if spouses of each other.

• (e) in paragraph (4A)(a), after “widower” insert “, widow”, and

• (f) in paragraph (4A), for sub-paragraph (b) substitute—

(b) during which the surviving spouse or civil partner and another person are living together as if spouses of each other.

, and

• (g) in paragraph (5)—

• (i) before sub-paragraph (a) insert—

(za) paragraphs (4)(a)(i) and (4A)(a)(i) so far as they relate to a marriage involving two people of the same sex,

, and

• (ii) in sub-paragraph (a) omit “(b)(ii), (c)(ii) and (d)(ii), and”,

• (iii) in sub-paragraph (b), for “and (b)(ii).” substitute “, and”, and

• (iv) after sub-paragraph (b) insert—

(c) paragraphs (4)(b) and (c) and (4A)(b) so far as they relate to the living together of two people of the same sex.

• (4) In regulation 19—

• (a) in paragraph (2)(b)(ii), after “widower’s” insert “, widow’s”,

• (b) in paragraph (3)(b)(i), for the words after “surviving civil partner” substitute “and another person are living together as if spouses of each other, nor”,

• (c) in paragraph (3)(c), after “for widows” insert “whose spouse was a man”,

• (d) in paragraph (3)(d)—

• (i) after “widowers” insert “, widows whose spouse was a woman”, and

• (ii) after “widower’s” insert “, widow’s”, and

• (e) in paragraph (4)—

• (i) at the beginning insert “For the purposes of paragraph (3)(b),”, and

• (ii) for sub-paragraph (a) (including the “and” at the end) substitute—

(a) paragraph (3)(b)(i) so far as it relates to the living together of two people of the same sex; (aa) paragraph (3)(b)(ii)(aa) so far as it relates to a marriage involving two people of the same sex, and

Welfare Supplementary Payment Regulations (Northern Ireland) 2016

114

In the Welfare Supplementary Payment Regulations (Northern Ireland) 2016[^f00179], in regulation 3(1), in the definition of “couple”—

• (a) in paragraph (a), for “a man and a woman who are married to” substitute “two people who are married to, or civil partners of,”,

• (b) for paragraph (b) substitute—

(b) two people who are not married to, or civil partners of, each other but are living together as if spouses of each other;

• (c) omit paragraphs (c) and (d), but not the “or” at the end, and

• (d) omit the words after paragraph (e).

Jobseeker’s Allowance Regulations (Northern Ireland) 2016

115

In the Jobseeker’s Allowance Regulations (Northern Ireland) 2016[^f00180], omit regulation 3(4) (interpretation of definition of “couple” in the Jobseekers (Northern Ireland) Order 1995).

Employment and Support Allowance Regulations (Northern Ireland) 2016

116

In regulation 2 of the Employment and Support Allowance Regulations (Northern Ireland) 2016[^f00181], for the definition of “couple” substitute—

• “couple” means— two people who are married to, or civil partners of, each other and are members of the same household, or two people who are not married to, or civil partners of, each other but are living together as if spouses of each other;

Discretionary Support Regulations (Northern Ireland) 2016

117

In the Discretionary Support Regulations (Northern Ireland) 2016[^f00182], in regulation 3(1), in the definition of “couple”—

• (a) in paragraph (a), for “a man and a woman who are married to” substitute “, two people who are married to, or civil partners of,”,

• (b) for paragraph (b) substitute—

(b) two people who are not married to, or civil partners of, each other but are living together as if spouses of each other;

• (c) omit paragraphs (c) and (d), but not the “or” at the end, and

• (d) omit the words after paragraph (e).

Rate Relief Regulations (Northern Ireland) 2017

118

In regulation 2(1) of the Rate Relief Regulations (Northern Ireland) 2017[^f00183], for the definition of “couple” substitute—

• “couple” means— two people who are married to, or civil partners of, each other and are members of the same household; or two people who are not married to, or civil partners of, each other but are living together as if spouses of each other;

PART 8 — Public Service Pension Schemes

Police

119

• (1) The Royal Ulster Constabulary Pensions Regulations 1988[^f00184] are amended as follows.

• (2) In regulation A11(2)[^f00185] (meaning of “disablement”) omit “or the widower of a member”.

• (3) In regulation G6[^f00186] (payments by women members to enhance widowers’ awards)—

• (a) after paragraph (1A)[^f00187] insert—

(1B) An election under this regulation which is made by virtue of the amendments to these Regulations by the Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 may secure the counting of pensionable service before 6th April 1988 irrespective of whether an election to which paragraph (1A) applies was previously made.

• (b) in paragraph (3), after sub-paragraph (f)[^f00188] insert—

, or (g) in the case of a woman by whom contributions are payable under regulation G2 on or before 13th January 2020 who elects to secure the counting of pensionable service after 5th April 1988 and before 17th May 1990 (not being service which is already the subject of an election to enhance her surviving spouse’s or surviving civil partner’s award), 13th January 2020, or (h) in the case of a woman who was or is entitled to make an election under paragraph (1) to which sub-paragraphs (e) to (g) apply, who elects to secure the counting of pensionable service before 6th April 1988 (not being service which is already the subject of an election to enhance her surviving spouse’s or surviving civil partner’s award), 13th January 2020.

• (c) in paragraph (4A)[^f00189], for “or (f)” substitute “, (f), (g) or (h)”, and

• (d) in paragraph (13)(a)[^f00190], for “or (f)” substitute “, (f), (g) or (h)”.

• (4) In regulation J1[^f00191] (member with a guaranteed minimum for the purposes of the Social Security Pensions (Northern Ireland) Order 1975)—

• (a) in paragraph (4)—

• (i) in the words before sub-paragraph (a), omit “that entitlement shall cease if she remarries or has remarried or forms a civil partnership before attaining the age of 60 years and”, and

• (ii) omit sub-paragraph (b), and the “or” preceding it,

• (b) in paragraph (4A)—

• (i) in the words before sub-paragraph (a), omit “that entitlement shall cease if he remarries or has remarried or forms a civil partnership before attaining the age of 65 years and”, and

• (ii) omit sub-paragraph (b), and the “or” preceding it,

• (c) in paragraph (4B)—

• (i) in the words before sub-paragraph (a)—

• (aa) after “leaving” insert “a surviving spouse who is the same sex as the member or”,

• (bb) before “surviving civil partner” insert “surviving spouse or”, and

• (cc) omit “that entitlement shall cease if he marries, remarries or has married or remarried or forms a civil partnership before attaining the age of 65 years and”, and

• (ii) omit sub-paragraph (b), and the “or” preceding it,

• (d) in paragraph (5B), before “surviving civil partner” insert “surviving spouse or”, and

• (e) after paragraph (7) insert—