Benefits for same sex couples

From 5 December 2005, the Civil Partnership Act became law. This has changed the way same sex couples are treated in every area of their life such as employment, inheritance, income tax, housing and family matters.

The new law means changes in entitlement for same sex couples for social security benefits and tax credits.

Most of the changes to social security benefits and tax credits apply to same sex couples whether they are registered as Civil Partners or just live together as though they are a couple. Civil partners have the same rights as married couples.

From 5 December 2005, the same rules for social security benefits and tax credits apply to both same sex couples and opposite sex couples. If you think you are living as a same sex couple - not just as friends or because you are their carer - then you need to advise the office that pays your benefits or tax credits that you are a couple.

• What benefits does the Civil Partnership Act affect?
• How do the changes affect income-related benefits?
• How are other benefits affected by this change in the law?
• How are tax credits affected?
• How is Child Support maintenance affected by the change in law?
• I am not sure if I am living with someone as a couple?
• Where can I get more advice about how the Civil Partnership law affects my benefits and tax credits?

What benefits does the Civil Partnership Act affect?

Income-related benefits:

• Income Support
• Income-based Jobseeker's Allowance
• Pension Credit
• Housing Benefit
• Council Tax Benefit
• NHS health benefits

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National Insurance Benefits:

• Retirement Pension
• Bereavement Benefits
• Widow's Benefit
• Incapacity Benefit
• Contribution-based Jobseeker's Allowance
• Maternity Allowance

The new law also applies to:

• Child Tax Credit
• Working Tax Credit
• Tax Credit Child Care Costs
• Child Support maintenance
• Social Fund
• Some other social security benefits

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How do the changes affect income-related benefits?

Before 5 December 2005, the law did not treat same sex couple in the same way as opposite sex couples. Same sex couples were treated as individuals. Opposite sex couples were treated as one financial unit. If you claim one of these benefits as a member of a couple, the income, savings and hours of work of both of the couple will be taken into account.

From 5 December 2005, these rules apply to same sex and opposite sex couples. They apply to people already getting one of these benefits and to people making a new claim to these benefits.

• If you are a registered civil partner, you and your partner must claim as a couple.
• If you are getting any of these income-related benefits when you register your civil partnership, you will have to claim as a couple.
• If you live as a couple with your partner even if you decide not to become civil partners, then you still need to make a claim for these benefits as a couple.

If you think this applies to you, you will need to contact the benefit office that deals with your benefit as soon as you can and claim as a couple. This will normally change the amount of benefit you are entitled to. Some peole who get benefit now may lose this because their partner's income and savings or working hours are too high.

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How are other benefits affected by this change in the law?

From 5 December 2005:

• Civil partners will have most of the same rights to state pensions that had previously only applied to married couples and widows or widowers. This will apply to retirement pension and state second pension. This may increase the amount of pension someone can claim for their civil partner (or enhance their own pension on the death of their partner).
• Bereavement benefits and widow's benefits are affected for civil partners and those living together as a couple. This can mean entitlement to benefits on the death of yur civil partner. It may also mean that benefits now in payment stop.
• If you get another benefit like Incapacity Benefit, Carers Allowance, Maternity Allowance, Severe Disablement Allowance and Unemployability Supplement, you may get extra for your civil partner if you qualify for a spouse addition.
• Disability Living Allowance and Attendance Allowance should not be affected by the new rules for couples.

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How are tax credits affected?

If you get tax credits and you live as a same sex couple, the Tax Credit Office want you to tell them. The law change treats same sex couples in the same way as opposite sex couples from 5 December 2005. A new application will have to be made as a couple. This will change the calculation for your entitlement to tax credits. Contact the Tax Credit Helpline.

How is Child Support maintenance affected by the change in the law?

Civil partners who are parents are treated in the same way as married partners for Child Support and will be expected to provide support for any children when the relationship ends. Same sex couples will be financially assessed together for child support if one of them has a child from a previous relationship who lives with another parent. Contact the Child Support Agency.

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I am not sure if I am living with someone as a couple?

• I share a flat or house with someone as a friend
• I share a room with someone else but we are not a couple
• I live in someone else's home as their carer and we share household costs.

The rules for benefits and tax credits apply to people who are living together as a couple in a relationship and not for people who are flat sharers as friends or as a carer.

Where can I get more advice about how the Civil Partnership Law affects my benefits and tax credits?

Go to Related Links on this page to find out where to contact:

• Haringey Citizens Advice Bureau Service
• Age Concern Haringey

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