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Benefits and tax credits for gay and lesbian parents

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Gay and lesbian couples who are civil partners are treated the same as a married couple and must claim benefits together.

Those who don't register as civil partners will have the rules applied to them in the same way as straight couples who live together but are not married to each other and may be treated as a couple and have to claim benefits together.

Here is a breakdown of the main differences in the benefits and tax credits system as they may affect gay men and lesbians who live with a partner or are registered as civil partners.

Civil partner

  • State pension benefits, for example civil partners will be able to claim a state pension based on their partners NI contributions.
  • Civil partners will be able to claim bereavement benefits when their partner dies.
  • Civil partners will become eligible for 'adult dependent additions' on certain benefits - an extra amount paid with some benefits, including Carer's Allowance, for individuals who support their spouse/civil partner.
  • Gay and lesbian couples, including civil partners, who co-habit will be jointly assessed for means tested benefits such as Income Support, income based Jobseeker's Allowance, Pension Credit, Housing Benefit and Council Tax Benefit. Many same sex couples may find they are worse off as a result of this change.
  • Gay and lesbian couples, including civil partners, who co-habit will have to make joint claims for Tax credits. For claimants who get Working Tax Credit they will start to qualify for the 'couple element' for the first time, an increase in their maximum award. Some gay and lesbian couples will lose out as a result of having both incomes taken into account.

Gay and lesbian couples who live together but are not registered as civil partners

  • State pension benefits not affected - for example, you will not be able to claim a state pension based on your partner's NI contributions.
  • Not able to claim bereavement benefits when a partner dies.
  • Adult dependent additions on benefits like Carer's Allowance not usually payable.
  • Gay and lesbian couples who co-habit will be jointly assessed for means tested benefits such as Income Support, income based Jobseeker's Allowance, Pension Credit, Housing Benefit and Council Tax Benefit. Many same sex couples may find they are worse off as a result of this change.
  • Gay and lesbian couples who co-habit will have to make joint claims for Tax credits. For claimants who get Working Tax Credit they will start to qualify for the 'couple element' for the first time, an increase in their maximum award. Some gay and lesbian couples will lose out as a result of having both incomes taken into account.
 

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