The Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 2014

SCHEDULE 4 CONSEQUENTIAL MODIFICATION OF THE SOCIAL SECURITY PENSIONS ACT 1975 AND THE SOCIAL SECURITY CONTRIBUTIONS AND BENEFITS ACT 1992

Article 5(3) Social Security Pensions Act 1975 1 (1) Section 59 of the Social Security Pensions Act 1975 (increase of official pensions) is amended as follows. (2) In subsection (5ZA)— (a) in the opening words, for the words “widow’s, widower’s” substitute “surviving spouse’s”; and (b) in paragraph (c), for the words “widow’s, widower’s” substitute “surviving spouse’s”. (3) In subsection (5ZB)— (a) for paragraph (a) substitute— (a) in the case of a pension payable to a woman in respect of the services— (i) of her deceased male spouse; or (ii) of her deceased female spouse in a relevant gender change case; one half of the rate of the deceased spouse’s guaranteed minimum pension at the relevant time; , (b) in paragraph (b)— (i) for “a widower’s” substitute “any other surviving spouse’s”; and (ii) for “wife’s” substitute “spouse’s”. (4) In subsection (5ZC)— (a) for paragraph (a) substitute— (a) does not apply to— (i) a pension payable to a woman in respect of the services of her deceased male spouse; (ii) a pension payable to a man in respect of the services of his deceased female spouse; (iii) a pension payable to a woman in respect of the services of her deceased female spouse in a relevant gender change case; or (iv) a pension payable to a man in respect of the services of his deceased male spouse in a relevant gender change case, in respect of any service of the deceased spouse if that deceased spouse’s pension in respect of that service became payable before 24th July 1990; , and (b) in paragraph (b), before “surviving civil partner’s” insert “pension due to a surviving spouse who was married to someone of the same sex (other than a pension within paragraph (a)(iii) or (iv)) and a”. (5) In subsection (7)— (a) after the definition of “lump sum” insert— “relevant gender change case” means a case where— the deceased spouse was a man or a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004; and the marriage of the deceased spouse and the surviving spouse (that ends with the deceased spouse’s death) subsisted before the time when the certificate wasissued, ; and (b) omit the definition of “widower’s pension”. Social Security Contributions and Benefits Act 1992 2 (1) The 1992 Act is amended as follows. (2) For section 36(2) (bereavement payment) substitute— (2) A bereavement payment shall not be payable to a person if that person and a person whom that person was not married to, or in a civil partnership with, were living together as a married couple at the time of the spouse’s or civil partner’s death. . (3) In section 37(4) (widowed mother’s allowance)— (a) after paragraph (a) insert “or”; and (b) for paragraphs (b) and (c) substitute— (b) for any period during which she and a person whom she is not married to, or in a civil partnership with, are living together as a married couple. . (4) In section 38(3) (widow’s pension)— (a) after paragraph (b) insert “or”; and (b) for paragraphs (c) and (d) substitute— (c) for any period during which she and a person whom she is not married to, or in a civil partnership with, are living together as a married couple. . (5) In section 39A(5) (widowed parent’s allowance)— (a) after paragraph (a) insert “or”; and (b) for paragraphs (b) and (c) substitute— (b) for any period during which the surviving spouse or civil partner and a person whom she or he is not married to, or in a civil partnership with, are living together as a married couple. . (6) In section 39B(5) (bereavement allowance where no dependent children)— (a) after paragraph (a) insert “or”; and (b) for paragraphs (b) and (c) substitute— (b) for any period during which the surviving spouse or civil partner and a person whom she or he is not married to, or in a civil partnership with, are living together as a married couple. . (7) In section 48 (Use of former spouse’s contributions), after subsection (4) insert— (5) For the purposes of this section, a civil partnership is not to be treated as having terminated by reason of its having been— (a) converted into a marriage under section 9 of the Marriage (Same Sex Couples) Act 2013; (b) changed into a marriage under the Marriage (Scotland) Act 1977; (c) changed into a marriage in accordance with provision made under section 10 of the Marriage and Civil Partnership (Scotland) Act 2014; or (d) 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. . (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (11) In section 62(graduated retirement benefit)— (a) in subsection (1), after paragraph (ac) insert— (ad) for extending section 37 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 37 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; ; (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 36 and 37 of the National Insurance Act 1965 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 122 (interpretation of Parts 1 to 6 and supplementary provisions), omit subsection (1A). (13) In section 137 (interpretation of Part 7 and supplementary provisions)— (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 a married couple otherwise than in prescribed circumstances; ; and (b) omit subsection (1A). (14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (15) In paragraph 5(2) of Schedule 5 (pension increase or lump sum where entitlement to retirement pension is deferred)— (a) for paragraph (a), substitute— (a) where W is a woman— (i) whose deceased spouse was a man; or (ii) who falls within paragraph 7(3) below, an amount equal to the sum of the amounts set out in paragraph 5A(2) or (3) below (as the case may be), ; (b) in paragraph (b), for “widower” substitute “man whose deceased spouse was a woman”; and (c) for paragraph (c), substitute— (c) where W 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 amount equal to the sum of the amounts set out in paragraph (6A)(2) below. . (16) In paragraph 5A— (a) for sub-paragraph (1) substitute— (1) This paragraph applies where W (referred to in paragraph 5 above) is a woman— (a) whose deceased spouse was a man; or (b) who falls within paragraph 7(3) below. , and (b) in sub-paragraphs (2) and (3), for “husband” in each place it appears substitute “spouse”. (17) In paragraph 6(1), for “widower” substitute “man whose deceased spouse was a woman”. (18) In paragraph 6A— (a) For sub-paragraph (1) substitute— (1) This paragraph applies where W (referred to in paragraph 5 above) 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. , and (b) in sub-paragraph (2)(c), before “civil partner” insert “spouse or”. (19) 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. . (20) In Schedule 7 (industrial injuries benefits)— (a) in paragraph 4(3)(a) (increase for beneficiary’s dependent children and qualifying young persons)— (i) after sub-paragraph (i) insert “or”; and (ii) for sub-paragraphs (ii) and (iii) substitute— (ii) two people who are not married to, or civil partners of, each other but are living together as a married couple, and , and; (b) in paragraph 15(3) (widow’s benefit (entitlement)), for the words from “husband and wife” to the end substitute “a married couple with a person whom she is not married to or in a civil partnership with.”.