Social Welfare and Pensions Act 2010

Amendments to Schedule 3 of Principal Act.

25.— (1) Schedule 3 of the Principal Act is amended in Part 1 (amended by section 19(a) of the Social Welfare and Pensions (No. 2) Act 2009 ) by—

(a) inserting the following definition:

“ ‘civil partner’ means each civil partner of a couple who are civil partners of the same civil partnership and who are living together;”,

and

(b) substituting the following for the definition of “spouse”:

“ ‘spouse’ means each person of a married couple who are living together.”.

(2) Schedule 3 of the Principal Act is amended in Part 2 (amended by section 19(b) of the Social Welfare and Pensions (No. 2) Act 2009 ) by substituting the following Rule for Rule 2(1):

“2. (1) Notwithstanding this Schedule and subject to paragraph (2), for the purposes of disability allowance, the gross proceeds derived from the sale of the principal residence of the claimant or beneficiary or, in the case of a married couple who are living together or both civil partners of the same civil partnership who are living together, the spouse or civil partner of the claimant or beneficiary shall not, subject to the limit and under the conditions and circumstances and for the periods that shall be prescribed, be taken into account in calculating the means of the claimant or beneficiary.”.

(3) Schedule 3 of the Principal Act is amended in Part 3 (amended by section 35 of the Act of 2007) by—

(a) substituting the following for Rule 3(1):

“3. (1) Notwithstanding this Schedule and subject to paragraph (2), the gross proceeds derived from the sale of the principal residence of the claimant or beneficiary or, in the case of a married couple who are living together or civil partners of the same civil partnership who are living together, the spouse or civil partner of the claimant or beneficiary where the spouse or civil partner has attained pensionable age, shall not, subject to the limit and under the conditions and circumstances and for the periods that shall be prescribed, be taken into account in calculating the means of the claimant, beneficiary or pensioner.”,

and

(b) substituting the following for Rule 4(2):

“4. (2) In this Rule ‘couple’ means—

(a) a married couple who are living together,

(b) both civil partners who are parties to the same civil partnership and who are living together, or

(c) both cohabitants.”.

(4) Schedule 3 of the Principal Act is amended in Part 5 by—

(a) substituting the following for Rule 1B:

“1B. In Rules 1, 1A and 4, ‘couple’ means—

(a) a married couple who are living together,

(b) both civil partners who are parties to the same civil partnership and who are living together, or

(c) both cohabitants.”,

and

(b) substituting the following for Rule 3(1):

“3. (1) Notwithstanding this Schedule and subject to paragraph (2), for the purposes of blind pension, the gross proceeds derived from the sale of the principal residence of the claimant or beneficiary or, in the case of a married couple who are living together, or both civil partners of the same civil partnership who are living together, the spouse or civil partner of the claimant or beneficiary where the spouse or civil partner has attained pensionable age, shall not, subject to the limit and under the conditions and circumstances and for the periods that shall be prescribed, be taken into account in calculating the means of the claimant, beneficiary or pensioner.”.