Civil Partnerships

Written by Paul Elgood and published in The Argus on Tue 6th Dec 2005

IT WAS all change for Brighton and Hove's lesbian, gay, bisexual and transgender community yesterday, as new legislation came into force legalizing civil partnerships.

Although coined "gay marriage", the Civil Partnership Act stops short of offering identical rights as a straight couple getting married.

The new legislation will treat lesbian and gay couples almost equally to married couples. But the "almost" is not enough for some campaigners.

Yesterday the media was full of stories of happy couples declaring their intention to take advantage of the new legislation, and that's great. But what many people do not realise is the financial downside. Many LGBT people who are reliant on benefits may well see a reduction in their incomes as a result of entering into a partnership.

There is much concern among local LGBT leaders that many people do not understand the full implication of the changes.

On top of providing new opportunities to recognise partnerships, the legislation has wide reaching implications for lesbian and gay people who live together too.

Same sex partners who live together, even if they do not register, will be treated equivalently to heterosexual couples living together. While there is much good about this but there will also be major changes to the way benefits are paid as people are treated as couples and not individuals.

Registering a partnership is straightforward. After entering a notice at £30 each with proof of ID, a partnership may be registered 15 days at a cost of £40, including a basic registration ceremony with two witnesses at the registration office. This can all be arranged at Brighton Town Hall Registry Office.

Of course, couples can have more than the basic registration ceremony. They can even hire the Pavilion.

It's a right which many people have long fought for. But many people will face major changes even if they do not register.

At present the benefit system recognises opposite-sex relationships but does not recognise same-sex relationships. This will change under the new legislation, and could have a significant impact on many members of the LGBT community. It does not matter if couples are registered as civil partners or not. If they are living together as civil partners then they will be treated as a couple.

Benefits which may well change for a person include housing and council tax benefit claimed from the council, Department for 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 HM Revenue and Customs.

Generally the benefit or tax credit providers won't be aware that claimants are part of a same sex-couple and will rely on being informed so benefits can be recalculated based on a joint income.

And this is where the new found equality comes at a cost as a person's overall benefit or tax credit income could well reduce. Previously there may have been a higher award for a same-sex couple than for a similar opposite-sex couple. Now they will receive the same.

To help the transition period the council does have some discretion to make discretionary payments towards housing cost shortfalls where hardship is proven. Organisations such as

Switchboard and the Citizens Advice Bureau will offer advice.

The legislation brings other rights and obligations. A civil partner or relatives by a civil partnership can now register a person's death.

Registering a partnership also has implications for existing wills.

Civil partners can bequeath assets to their partner without incurring inheritance tax and transfer money between themselves during their lifetimes without incurring capital gains tax.

Civil partners must now provide reasonable maintenance for their civil partner and children of the family. As with marriage, if a civil partnership is eventually dissolved partners may have an on-going duty to pay maintenance for a former civil partner and children of the family. Civil partners will have the same access as spouses to compensation payments for serious injuries or fatal accidents.

There will also be changes to pensions. If, for example, 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.

Time will tell about the true cost of the equality. There is no doubt that the change on the horizon will be significant for many people.

Further information can be found at www.stonewall.org.uk, www.brighton-hove.gov.uk, by calling Brighton Lesbian and Gay Switchboard on 01273 204050 or Brighton Town Hall Registry Office on 01273 294420.