A User's Guide to the new Civil Partnership Act

11.05.49am GMT Mon 28th Nov 2005

Courtesy of GScene Magazine, we reproduce an Interview with Cllr Paul Elgood, Chair of the City Council's Equalities Forum, on the implications of the new Civil Partnerships Act, which comes into effect from December 5th.

Copyright GScene Magazine, December 2005

In view of the forthcoming change in legislation coming into effect in December, Gscene had a cosy chat with the Liberal Democrat chair of Equalities, Cllr Paul Elgood about the implications of the new legislation on all LGBT people in Brighton and Hove, especially those drawing state benefits. Paul Elgood was responsible for the introduction of the council's historic Partnership Register and now chairs the City Council's Equalities Forum which is working to increase awareness among the LGBT population of these changes.

The Civil Partnership Act brings more than just the opportunity to register relationships. The British legislation is amongst the most comprehensive in the world in giving equality to same-se couples in almost every respect. Importantly, partners who live together - even if they don't register as civil partners - will be treated the same as opposite-sex couples who live together. In some cases, this new equality may change things like how much benefit you are entitled to. The implications will vary depending on individual circumstances and it's best to take independent advice through organisations such as Citizen's Advice Bureau. This information is correct at the time of going to press but is subject to change and interpretation.

Who can register as civil partners?

To register as civil partners, you must be:

● The same sex

● Not already a civil partner or married

● At least 18 (or 16 with parental consent)

● Outside the 'prohibited degrees' of a relationship (generally, you cannot be a close relative but there are some complications)

How do couples register a civil partnership?

First, you need to enter a Notice of Civil Partnership at the Register Office in Brighton Town Hall. To enter notice, you should ring 01273 294420 to make an appointment and bring with you:

● Passports (and birth certificates if available)

● Proof of address (eg Council Tax bill)

● Original documents demonstrating any name change or proving the

end of previous marriages or civil partnerships (if applicable).

You should also know where and when you intend to register your

partnership, which will need to be in an approved place. After 15 clear

days you can register your civil partnership in front of a registrar and

two witnesses, by declaring that you can and want to form a civil

partnership and then signing the register. Of course, by prior

arrangement, you can have vows, readings, music etc. Just ask at the

register office. However, by law a civil partnership registration cannot

be religious.

How much does it cost?

Entering notice costs £30 each. Registering the civil partnership costs

£40. There would be additional costs for anything more than the basic

registration ceremony at the register office.

What if a partner is sick and not expected to recover?

As long as they can understand what they are doing, you may be able

to register your civil partnership without having to wait 15 days after

entering notice if no one objects. You will need a doctor's certificate.

Ring the Register Office on 01273 294420 for full details.

What if one partner is subject to immigration control?

If one of you is subject to immigration control, you will need Indefinite

Leave to Remain, a Civil Partnership Visa or a Certificate of Approval.

For a Certificate of Approval application form, telephone the Home

Office on 0870 606 7766 or visit their website. Once registered, civil

partners will be afforded the same immigration and nationality

provisions as for spouses.

What happens if a married person changes their gender?

Because marriage remains open only to opposite-sex couples, full

gender change recognition must be accompanied by the marriage's

dissolution. However, the two former spouses can then register a civil

partnership with each other straight away without waiting 15 days after

entering notice.

How will the Act affect council tenancies ?

For council tenancies, civil partnerships will be treated exactly

equivalently to marriage. For instance, civil partnerships are recognised

in changing sole tenancies to joint tenancies or vice versa and in

relation to tenancy successions. To find out more about this, contact

John Austin-Locke, the council's housing policy and performance

manager on 01273 291008.

How will council tax be affected by civil partnerships?

There are a very few circumstances where married couples or couples

living together as if married are treated differently when assessing

council tax liability. In those cases, civil partners or same-sex couples

living together as if civil partners will be treated exactly equivalently,

although not until the start of next financial year in March 2006.

What about registering deaths?

Civil partners or relatives by a civil partnership can register a person's

death.

What if a partner suffers domestic violence?

Legal protection from domestic violence is available to civil partners on

a par with married people. If you suffer from domestic violence, you

can contact the Victim Support Unit on 01273 234009 or the

national domestic violence hotline on 0808 2000 247. Broken

Rainbow offers a national helpline for LGBT people suffering domestic

violence on 08452 604460. Women, and men under 18, can contact

the Women's Refuge in Brighton on 01273 622822.

Why might benefits change?

Previously, only opposite-sex couples were recognised under benefit and

tax credit rules. From December 5, 2005, same-sex relationships are

recognised in the same way; it doesn't matter if you are registered as

civil partners or not. If you are living together as if you are civil

partners then you will be treated as a couple.

What benefits might be affected?

● Housing and Council Tax Benefit claimed from the council

● Department of Work and Pensions benefits including Income Support,

Jobseeker's Allowance, Pension Credit and Incapacity Benefit

● Working Tax Credit and/or Child Tax Credit claimed from HR Revenue

and Customs.

If partners live as a same-sex couple and benefits/tax credits form

part of their income, what should they do?

Tell all your benefit or tax credit providers you are a couple so your

awards can be recalculated based on your joint income. Your overall

benefit/tax credit income will probably reduce. Previously you may have

received a higher award than a similar opposite-sex couple; now you

will receive the same.

Do benefit/tax credit changes happen automatically?

Generally the benefit/tax credit providers don't know you are a samesex

couple and are reliant on you to tell them. If they do know you're a

couple they may act on this but you shouldn't assume this will happen.

Will people get into trouble if they don't tell the right offices by

December 5?

Inevitably some people will be unaware of the implications of the new

law. However, if the appropriate offices are not informed that a civil

partnership exists or a couple are living together as if civil partners

then benefits/tax credits could be overpaid and may have to be repaid.

Each case will be treated on its own merits when deciding whether to

ask for the money back and awareness of the changes will be part of

this consideration.

If income goes down and people can't afford their housing costs or

other bills, what can they do?

It is appreciated some couples will have entered financial commitments

prior to December 5, unaware of the pending changes, and that those

commitments may become unsustainable once their benefit/tax credit

entitlements are adjusted. The council has discretion to make interim

awards (discretionary housing payments) towards housing cost shortfalls

where hardship is proven. You can contact the council directly or

approach the council through an advice agency to apply for help.

What other effects will the Civil Partnership Act have?

The Civil Partnership Act might affect people in several different ways

which aren't directly council-related but which may be of interest.

wills

Registering a civil partnership revokes any will automatically, so you will

need to make a new one. If a civil partner dies without a will, the

surviving civil partner has the benefit of the intestacy rules.

tax

Civil partners can bequeath assets to their partner without incurring

inheritance tax and transfer money between themselves while alive

without incurring capital gains tax. However, civil partners can only

have one exempt residence for capital gains tax and the same tax

avoidance rules will apply as apply to married couples.

What about registering children, parental responsibility and

maintenance?

There is no provision for two civil partners to be entered on a child's

birth certificate. Only a baby's mother, or the father if he is married to

the mother, can register a baby.

However, a civil partner can gain parental responsibility for a child:

● By a court order; or

● By agreement with their civil partner. If the child's other parent also

has parental responsibility for the child, they will also need to agree.

To make a parental responsibility agreement, complete a form available

from the county court in William Street, Brighton, satisfy a magistrate

or court officer as to your identity and then send it to the Principle

Registry of the Family Division in London. You should get legal advice

before doing this.

Civil partners must provide reasonable maintenance for their civil

partner and children of the family. As with marriage, if a civil

partnership is eventually dissolved you may have an ongoing duty to

pay maintenance for a former civil partner and children of the family.

And compensation?

Civil partners will have the same access as spouses to compensation

payments for serious injuries or fatal accidents.

What is the situation regarding state and contracted-out pensions?

Civil partners can now access rights previously only available to married

couples, including:

● Contracted-out pension schemes to provide survivor pensions to civil

partners, but only for contributions after 1988. If both civil partners

are over state pension age and one dies, the other can access their

partner's state pension provision to boost their pension entitlement

● Access to bereavement benefit if a civil partner under state pension

age dies.