Civil Partnership Act Changes

Change to Housing Benefit Rules for Same-Sex Couples

The Civil Partnership Act 2004 enables same-sex partners to register their relationship and enjoy many of the rights of married heterosexual couples. The Act also affected other areas of the law, including how housing and council tax benefit are assessed.

From 5th December 2005, same-sex couples who have entered into a civil partnership will be treated the same as heterosexual couples who are married, and same-sex partners who live together but have not entered into a civil partnership will be treated the same as unmarried heterosexual couples who are 'living together as husband and wife.'

This means that instead of being treated as two single people and having to make separate claims for benefit, one claim will include both members of the couple, and their income and capital will be assessed jointly.

If you are a member of a same-sex couple and both you and your partner are in receipt of Income Support or Income-based Job seeker's Allowance, then your entitlement to housing and council tax benefit should remain the same. However, if your partner has a higher income than you, the fact that your claim is based on your joint income will mean that you receive either a reduced amount of benefit or none at all.

If you have any concerns or queries as to how this will affect your claim, please contact us.