Social Security (Marriage and Civil Partnership (Amendment) Act 2016) Order 2016 Index

Transcription

1 2016) Order 2016 Index SOCIAL SECURITY (MARRIAGE AND CIVIL PARTNERSHIP (AMENDMENT) ACT 2016) ORDER 2016 Index Artile Page 1 Title Commenement Effet of extension of marriage: further provision... 3 SCHEDULE 5 PROVISION CORRESPONDING TO PART 5 (STATE PENSIONS) OF SCHEDULE 4 TO THE MARRIAGE (SAME SEX COUPLES) ACT 2013 (OF PARLIAMENT) (EFFECT OF EXTENSION OF MARRIAGE: FURTHER PROVISION) 5 SD No. 2016/0198 Page 1

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3 2016) Order 2016 Artile 1 Statutory Doument No. 2016/0198 Soial Seurity At 2000 SOCIAL SECURITY (MARRIAGE AND CIVIL PARTNERSHIP (AMENDMENT) ACT 2016) ORDER 2016 Approved by Tynwald: 20 July 2016 Coming into Operation in aordane with artile 2 The Treasury makes the following Order under setion 1 of the Soial Seurity At Title This Order is the Soial Seurity (Marriage and Civil Partnership (Amendment) At 2016) Order Commenement This Order omes into operation on 22 July Effet of extension of marriage: further provision (1) This Order makes provision orresponding to Part 5 (state pensions) of Shedule 4 to the Marriage (Same Sex Couples) At (of Parliament) (effet of extension of marriage: further provision). (2) The Shedule (whih makes provision in relation to the Soial Seurity Contributions and Benefits At as it has effet in the Island 4 ) has effet. 1 Under setion 2(1) of the Soial Seurity At 2000 an order under setion 1(1) or (6) of that At shall be laid before Tynwald as soon as may be after it is made and unless it is approved by Tynwald at the sitting at whih it is laid or the next following sitting, it eases to have effet, but without prejudie to anything done under it or the making of a new order See SD 505/94.The Shedule to SD 505/94 sets out the Soial Seurity Contributions and Benefits At 1992 as it has effet in the Island. SD No. 2016/0198 Page 3

4 Artile ) Order 2016 MADE 19 TH JULY 2016 W E TEARE Minister for the Treasury Page 4 SD No. 2016/0198

5 2016) Order 2016 SCHEDULE SCHEDULE [Artile 3(2)] PROVISION CORRESPONDING TO PART 5 (STATE PENSIONS) OF SCHEDULE 4 TO THE MARRIAGE (SAME SEX COUPLES) ACT 2013 (OF PARLIAMENT) (EFFECT OF EXTENSION OF MARRIAGE: FURTHER PROVISION) 1 Introdution The entries relating to the provisions of the Soial Seurity Contributions and Benefits At in the Shedule to the Soial Seurity Contributions and Benefits At 1992 (Appliation) Order speified in this Shedule are amended, and are subjet to other provision, in aordane with paragraphs 2 to 6. 2 Category B retirement pension for married person (1) Setion 48A 7 (Category B retirement pension for married person) does not onfer a right to a Category B retirement pension on a person by reason of the person being married to a person of the same sex who was born before 6 April (2) But that does not prevent setion 48A from onferring a right to suh a pension on a woman by reason of her marriage to another woman ( the spouse ) if (3) In setion 48A the spouse is a woman by virtue of a full ertifiate (within the meaning given by setion 1 of the Gender Reognition At 2009) having been issued; and the marriage subsisted before the time when that ertifiate was issued. in subsetion (2ZA) 8 (i) (ii) in paragraph for married man who substitute «man married to a woman and the spouse»; after paragraph insert «() in a ase where the spouse is a woman born before 6 April 1945 who is married to a woman and subsetion (2ZB) SD 505/94. 7 Setions 48A, 48B and 48C substituted for setions 49 and 50 by paragraph 3 of Shedule 4 to the Pensions At 1995 (see SD 501/97). 8 Subsetion (2ZA) inserted by paragraph 2 of Shedule 1 to the Pensions At 2007 (see SD 193/09). SD No. 2016/0198 Page 5

6 SCHEDULE 2016) Order 2016 applies, the onditions speified in Shedule 3, Part 1, paragraph 5; (d) in a ase where the spouse is a woman born on or after 6 April 1945 but before 6 April 1950 who is married to a woman and subsetion (2ZB) applies, the ondition speified in Shedule 3, Part 1, paragraph 5A.»; and after subsetion (2ZA) insert «(2ZB) This subsetion applies where the spouse is a woman by virtue of a full ertifiate (within the meaning given by setion 1 of the Gender Reognition At 2009) having been issued, and the marriage subsisted before the time when that ertifiate was issued.». (4) In paragraph 5A 9 of Shedule 3, at the end of sub-paragraph (1) insert «or in a ase of the kind mentioned in subsetion (2ZA)(d) of that setion». 3 Category B retirement pension for widows and widowers (1) Setion 48B 10 (Category B retirement pension for widows and widowers) does not onfer a right to a Category B retirement pension on a woman who attained pensionable age before 6 April 2010 by reason of her marriage to another woman. (2) But that does not prevent setion 48B from onferring a right to suh a pension on a woman by reason of her marriage to another woman ( the spouse ) if (3) In setion 48B the spouse was, at the time of her death, a woman by virtue of a full ertifiate (within the meaning given by setion 1 of the Gender Reognition At 2009) having been issued, and the marriage subsisted before the time when that ertifiate was issued. in subsetion (1ZA) 11 (i) (ii) in paragraph (ii) after date (in the seond plae where it appears) insert «and the ase does not fall within paragraph ()»; and after paragraph insert 9 Paragraph 5A inserted by setion 1 of the Pensions At 2007 (see SD 193/09). 10 Setions 48A, 48B and 48C substituted for setions 49 and 50 by paragraph 3 of Shedule 4 to the Pensions At 1995 (see SD 501/97). 11 Subsetion (1ZA) inserted by paragraph 3 of Shedule 1 to the Pensions At 2007 (see SD 193/09). Page 6 SD No. 2016/0198

7 2016) Order 2016 SCHEDULE () «() in a ase where (i) the spouse died on or after 6 April 2010, (ii) (iii) (iv) the spouse was born on or after 6 April 1945 but before 6 April 1950, the spouse was, at the time of her death, a woman and the pensioner in question is a woman, and subsetion (1ZB) applies, the ondition speified in Shedule 3, Part 1, paragraph 5A.»; and after subsetion (1ZA) insert «(1ZB) This subsetion applies where the spouse was, at the time of her death, a woman by virtue of a full ertifiate (within the meaning given by setion 1 of the Gender Reognition At 2009) having been issued, and the marriage subsisted before the time when that ertifiate was issued.». (4) In paragraph 5A 12 of Shedule 3, at the end of sub-paragraph (1)() insert «or in a ase of the kind mentioned in subsetion (1ZA)() of that setion». 4 Category B retirement pension for widowers (1) Setion 51 (Category B retirement pension for widowers) is amended as follows. (2) After subsetion (1) insert «(1ZA) A party to a marriage of a same sex ouple shall be entitled to a Category B retirement pension if () the other party has died and they were married to eah other at the time of that death, they were both over pensionable age at the time of that death, and before that death the deeased party satisfied the ontribution onditions for a Category A retirement pension in Shedule 3, Part 1, paragraph 5.». (3) In subsetion (2) after wife insert «, husband». (4) In subsetion (3) 13 after 2002 insert «, a surviving party to a same sex marriage». 12 Paragraph 5A inserted by setion 1 of the Pensions At 2007 (see SD 193/09). SD No. 2016/0198 Page 7

8 SCHEDULE 2016) Order 2016 (5) Setion 51(1ZA) does not onfer a right to a Category B retirement pension on a person if the person attains pensionable age on or after 6 April (6) Setion 51(1ZA) does not onfer a right to a Category B retirement pension on a woman by reason of her marriage to another woman ( the spouse ) if the spouse was, at the time of her death, a woman by virtue of a full ertifiate (within the meaning given by setion 1 of the Gender Reognition At 2009) having been issued, and the marriage subsisted before the time when that ertifiate was issued. 5 Graduated retirement benefit (1) Setion 62 (graduated retirement benefit) is amended as follows. (2) In subsetion (1) after paragraph 14 insert «(ad) for extending setion 36 of that At (inrease of woman s retirement pension by referene to her late husband s graduated retirement benefit) to (ae) (i) (ii) men and their late husbands, and women and their late wives, and for that setion (exept subsetion (5)) so to apply as it applies to women and their late husbands; for extending setion 36 of that At (inrease of woman s retirement pension by referene to her late husband s graduated retirement benefit) to (i) (ii) (3) After subsetion (2) insert men and their late husbands, and women and their late wives, who attained pensionable age before 6 April 2010 and for that setion (exept subsetion (5)) so to apply as it applies to men and their late wives;». «(3) In relevant gender hange ases, women and their late wives are to be treated for the purposes of setions 35 and 36 of the National Insurane (Isle of Man) At 1971 in the same way as women and their late husbands. (4) For that purpose relevant gender hange ase, in relation to a woman ( the pensioner ) and her late wife, means a ase where 13 Subsetion (3) amended by setion 39 of the Child Support, Pensions and Soial Seurity At 2000 (see SD 378/01). 14 Paragraph inserted by paragraph 1 of Shedule 1 to S.I. 2005/3029 (see SD 20/06). Page 8 SD No. 2016/0198

9 2016) Order 2016 SCHEDULE the late wife was, at the time of her death, a woman by virtue of a full ertifiate (within the meaning given by setion 1 of the Gender Reognition At 2009) having been issued, and the marriage of the pensioner and her late wife subsisted before the time when the ertifiate was issued.». 6 Adult dependeny inreases (1) In a ase where a full ertifiate (within the meaning given by setion 1 of the Gender Reognition At 2009) is issued to a person setion 83 (pension inrease (wife)) does not ease to apply by virtue of the hange of gender; and in the ontinued appliation of setion 83 in suh a ase, referenes to a pension payable to a man, or referenes to his wife, are to be onstrued aordingly. (2) In a ase where a full ertifiate (within the meaning given by setion 1 of the Gender Reognition At 2009) is issued to a person setion 84 (pension inrease (husband)) does not ease to apply by virtue of the hange of gender; and in the ontinued appliation of setion 84 in suh a ase, referenes to a pension payable to a woman, or referenes to her husband, are to be onstrued aordingly. SD No. 2016/0198 Page 9

10 Explanatory Note 2016) Order 2016 EXPLANATORY NOTE (This note is not part of the Order) The Marriage and Civil Partnership (Amendment) At 2016 provides that, as a result of the extension of marriage to same sex ouples under that At, marriage has the same effet in law in relation to suh a ouple as it does in relation to an opposite sex ouple. This Order makes provision in relation to the Soial Seurity Contributions and Benefits At 1992 (as it has effet in the Island) to give effet to the extension of marriage to same sex ouples in relation to a person s entitlement to state pension based on a urrent or deeased spouse s or ivil partner s National Insurane reord payable by way of a Category B pension under that At and other matters. The provision made orresponds to Part 5 (state pensions) of Shedule 4 to the Marriage (Same Sex Couples) At 2013 (of Parliament) (effet of extension of marriage: further provision). Page 10 SD No. 2016/0198