|
Explanatory memorandum Has been prepared by the Department for Work and Pension (DWP) and is laid before Parliament by command of Her Majesty. Description The order amends social security primary legislation dealing with matters relating to benefit payments and occupational and personal pensions, and follow the main policy of the Civil Partnership Act, to afford the same treatment to civil partners in respect of pensions and benefits as is currently provided for spouses. The Civil Partnership (contracted –out Occupational and Appropriate Personal Pension Scheme) (Surviving Civil Partners) Order 2005 contains amendments to occupational and personal pensions. Powers may then be exercised to add provision for civil partners to regulations that have been made under those powers since the Civil Partnership Act obtained Royal Assent on 18th November 2004. It is intended for those regulations to come into force on 5th December 2005. The purpose of the Civil Partnership Act 2004 is to enable same-sex couple to obtain legal recognition of their relationship by forming a civil partnership. Partners will be subject to many of the same legal rights and responsibilities as spouses. Two people may register as civil partners of each other provided: - They are of the same sex
- Neither of them is already a civil partner or married
- They are not within the prohibited degrees of relationship i.e. members of the same family who are forbidden by law to marry.
- The are both over the age of sixteen (and consent of the appropriate persons has been obtained if either of the parties are under eighteen)
The policy intention behind this Order is to ensure that civil partners have similar treatment as spouses in the area of benefit payments and personal and occupational pensions. The Order seeks to fulfil those policy objectives by amending primary legislation relating to - State retirement pension provisions including entitlement to a pension increase or lump sum where a deceased partner had deferred entitlement to state retirement pension
- The duty to furnish addresses for maintenance proceedings
- The up-rating of state benefits and alterations affecting awards of housing Benefit and State Pension Credit
- Private pension schemes to ensure civil partners are afforded the same rights as spouses in relation to technical issues such as the right to receive information etc
EXECUTIVE SUMMARY The Civil Partnership Act creates an entirely new legal relationship of civil partner, giving same-sex couples in the UK the opportunity of gaining legal recognition for their relationships. Couples who register as civil partners of each other will gain a package of rights and responsibilities. If you require further information please email Adele Jones on
This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
who will forward your query to an appropriate Matrimonial lawyer where necessary.
|
