31 March 2004 - Civil Partnership Bill – new pension and benefit rights for same sex couples
Same sex couples will have the opportunity to gain new pension rights as a result of the Civil Partnership Bill, which was published by the Department of Trade and Industry today. As a result of the bill, same sex couples who register a Civil Partnership will gain a package of rights and responsibilities reflecting their commitment to each other. In practice it will mean that same sex couples will have access to many of the state and private pension rights currently enjoyed by married couples.
The Civil Partnership Bill makes a range of key provisions for same sex pensioner couples who register a Civil Partnership. These include:
- Private Pension Scheme providers will be required to pay survivor pensions to civil partners.
- If a couple are over state pension age and one of them dies, the surviving partner will be able to access their partner’s state pension provision to boost their own pension entitlement.
- If a couple are under state pension age and one of them dies, the surviving partner will be entitled to claim bereavement benefit.
Existing legislation will be amended to enable the provisions in the bill to come into effect, including:
- Social Security Contributions and Benefits Act, that includes the State Pension and Income Related Benefits
- the State Pension Credit Act to treat same sex couples and opposite sex couples equally
- Pensions Schemes Act, to amend arrangements for contracted out Private Pension Schemes
Notes for editors
- The Civil Partnerships Bill was published by the DTI on 31 March 2004.
- Under the Civil Partnership Bill, same-sex couples would be able to make a formal, legal commitment to each other by entering into a civil partnership. At present same-sex couples have no formal legal recognition of their relationships.
- Treatment of people in civil partnerships and same sex couples who are living together will be brought into line with treatment of married and cohabiting opposite sex couples for the purposes of income related benefits.
- Clauses giving effect to the changes have been included in the Civil Partnership Bill.
DWP Press office Elizabeth Marshall, 020 7238 0755
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