Impact of the Civil Partnership & Certain Rights & Obligations of Cohabitants Act for Social Welfare Customers

The Civil Partnership and Certain Rights and Obligations of Cohabitants Act was enacted in July 2010. Civil Partnership was introduced on 1st January 2011.

The full text of the Act is available at: 'www.oireachtas.ie'

A summary of the Act can be viewed below

Implications for customers of the Department of Social Protection

The main impact for customers of the Department of Social Protection is that since 1 January 2011, the social welfare code recognises all same-sex co-habiting couples, not just those who opt to register a civil partnership.

The legislative provisions for these changes are contained in the Social Welfare and Pensions Act, 2010.

Definitions in Social Welfare Acts

Since 1 January 2011, the social welfare code recognises three types of relationships:

1. Married couples – the term 'spouse' only refers to each person of a married couple,
2. A new definition of 'civil partner' was introduced. A 'civil partner' is defined as "each person of a couple who are civil partners within the meaning of section 3 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010". The term 'civil partner' only applies to a person who has registered their civil partnership; and
3. The term 'cohabitants' refers to couples who are living together (both the same or opposite sex). The term 'cohabitant' is now defined in the social welfare code in accordance with Section 172 (1) of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act, 2010, which states that "... a cohabitant is one of two adults (whether of the same or the opposite sex) who live together as a couple in an intimate and committed relationship and who are not related to each other within the prohibited degrees of relationship or married to each other or civil partners of each other".

Implications for couples

The recognition of same-sex couples, both those in a civil partnership AND same-sex cohabitants, has consequences for those in receipt of social welfare payments, depending on their circumstances, for example:-

• Registered civil partners have entitlement to a number of survivor's benefits. These benefits may include
  •   Death Benefit,
  •   Widowed or Surviving Civil Partner Grant,
  •   Widow's, Widower's or Surviving Civil Partner's (Contributory) Pension,
  •   Widow's, Widower's or Surviving Civil Partner's (Non-Contributory) Pension,
  •   Bereavement Grant.
  Survivor's benefits are only payable to those who were married or in a civil partnership so same-sex cohabitants are not eligible. Household Benefits may also be payable to those aged 60 to 65 whose late civil partner was entitled to Household Benefits.(link)
• The civil partner or cohabitant of a same-sex social welfare claimant is recognised as a Qualified Adult, for social welfare purposes, and is entitled to claim social welfare benefits accordingly. A 'qualified adult' now includes a spouse, a civil partner or cohabitant who is wholly or mainly maintained by that person – subject to certain exclusions.
• A civil partner over age 66 can get a Free Travel Pass which will automatically allow their civil partner to travel free with them. This is not automatic for cohabitants who have to submit an additional application.
• Before the introduction of the Civil Partnership Act, when entitlement to social welfare benefits was determined, members of same-sex couples were treated as individuals. Therefore, entitlement was assessed without any reference to the claimant's partner, which, in the main, was more advantageous to the person concerned. This is no longer the case with the introduction of Civil Partnership. This will have implications for civil partners and cohabitants.
• The means of both civil partners and cohabitants are taken into account in assessing means for social assistance purposes. The rule which limits certain social assistance payments to couples also applies. This could result in a reduction in the level of payment to one or both of the couple, for example, a reduction in Jobseeker's Allowance due to the means of a co-habiting partner.
• Also, Rent Supplement is not generally payable where the applicant or his or her spouse/civil partner/cohabitant is engaged in remunerative full‑time employment, that is, employment for 30 hours per week or more. In the case of a spouse/civil partner/cohabitant if one of the couple is in full time employment both are excluded from claiming Rent Supplement.
• Previously one of a same-sex couple, with the full time care of a child, could claim the One-Parent Family Payment as the social welfare code did not recognise the same-sex relationship. This is no longer the case since 1 January 2011.

Implications for the Civil Registration Service

The earliest registrations in Registrars' offices or other approved venues will not occur until April 2011 in view of the 3 month notice requirement on the parties. Registrations in the first 3 months following commencement may only occur in the event of a court order being obtained by the parties to waive the notice period for exceptional reasons (e.g. in the event of serious illness).

The activity of registering civil partnerships is closely modelled on the activity for registering civil marriages. Civil marriages require at least two face-to-face contacts with a registrar, one when giving notice of intention to marry and one at solemnisation.

Recognition of Foreign Registered Relationships

Section 5 of the Act empowers the Minister for Justice and Law Reform to prescribe certain categories of registered relationships in other jurisdictions as entitled to be treated as equivalent to Civil Partnership under Irish law. On 23 December 2010 the Minister for Justice and Law Reform signed an order under the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 declaring certain classes of registered foreign relationships to be entitled to be recognised in this State as a civil partnership. The order entitles the parties to the relationship to be treated as civil partners under the law of this State since 13 January 2011. There are 27 relevant jurisdictions included in this order. These are: Argentina, Austria, Belgium, Canada, Czech Republic, Denmark, Finland, Germany, Iceland, Mexico City, Netherlands, New Zealand, Norway, Portugal, South Africa, Spain, Sweden, Switzerland, United Kingdom, California (USA), Connecticut (USA), Iowa (USA), Massachusetts (USA), New Hampshire (USA), New Jersey (USA), Vermont (USA), Washington D.C. (USA).

From December 25^th,  2011, foreign relationships in a further six jurisdictions are entitled to be recognised in this State as a civil partnership. These are: Isle of Man, South Africa, Illinois (USA), New York (USA), Oregon (USA), Rhode Island (USA).

Summary of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act

In summary the Act:

• Establishes a scheme of registration of civil partnerships for same-sex couples together with a range of rights and duties consequent on registration including in relation to maintenance, shared home, succession and pensions. Parties to a civil partnership must be age 18 or over. Only same-sex couples may register as civil partners – opposite sex couples have the option of marriage open to them.
• States that civil partnership ends only on the death of a partner or on dissolution by the court. To obtain a decree of dissolution the partners must have lived apart for a period of at least two years in the previous three years and the court must be satisfied that proper provision is made for both partners. Jurisdiction in dissolution of civil partnership will lie with either the Circuit Court or the High Court and the courts will have powers to make extensive ancillary financial relief, property and pension orders.
• Creates a cohabitant's redress scheme for same-sex and opposite-sex couples giving protection to an economically dependent party at the end of a long-term cohabiting relationship (at least 5 years, or 2 where there is a child of the relationship) where the couple has not chosen to marry or to register in a civil partnership as the case may be. Qualified cohabitants will not be able to make a claim on the estate of a deceased cohabitant where their relationship ended more than two years before that person's death (except where a court decides that the qualified cohabitant is still dependent on the deceased person).
  
  
  1.   This allows the economically dependent partner at the end of the relationship, whether by break-up or bereavement, to apply to court for certain reliefs, including for provision from the estate of the deceased partner, or for maintenance, pension adjustment orders or property adjustment orders (the reliefs available on application to the courts are at the court’s discretion); and
     
• Gives legal recognition to cohabitant agreements enabling cohabitants to regulate their joint financial affairs.