Same-sex couples can now legally recognise
their relationships with the Civil Partnership Act. But are
there any extra things to bear in mind if you want to wed your partner and
are HIV positive?
Words Calvin Holbrook
Image Craig Hewitt
If
you’re a gay man or woman, it’s payback time. All those years
of shelling out cash on wedding gifts for straight friends and not being able
to get married to the person you loved yourself. But since the Civil Partnership
Act (CPA) came into force on 5 December 2005, same-sex couples can now also
be on the receiving end of luxury bed linen and chrome toasters. So what’s
the point of the CPA? Well, apart from the right to a great party, it
gives legal recognition to same-sex relationships; partners who register now
have many of the same rights and responsibilities as married couples. If you
or your partner are HIV positive, these benefits can be
particularly reassuring. But as we’ve
discovered, it’s not all good news.
OK, so what are the advantages of the Civil Partnership Act?
Some of the best benefits only come into effect after you or your partner
have died. Thankfully, with antiretrovirals, this is something most people
with HIV hopefully won’t have to think about for a while. However, some
may find the security the Act offers a comfort.
Pensions
A surviving registered civil partner will be entitled to pension benefit provisions
similar to those of a surviving spouse and will be able to claim a state pension
from the National Insurance contributions of his or her deceased partner.
“This is fantastic news for our clients living with HIV who may have
long periods of missed NI contributions through illness,” says Leanne
Holder, director of FreshFinance, specialists in life insurance, mortgages
and pensions for the gay community. Civil partners will also be entitled to
a survivor’s pension from their partner’s occupational or personal
pension scheme that pays survivor benefits to widows and widowers.
Next-of-kin rights and Inheritance Tax
“This is one of the most important benefits,” says Leanne. “You
will be able to register your partner’s death, make medical decisions
and organise their funeral.” If you don’t become civil partners
and your partner dies, you will not been seen as his/her next of kin. These
rules are exactly the same for unmarried heterosexual couples.
If you want your partner to be the sole heir, you must state this implicitly
in your will. You will also be able to transfer assets between yourselves
without having to pay Capital Gains Tax and on death without having to pay
the hefty Inheritance Tax.
Other benefits
If you and your partner rent a property, you will be able to inherit their
tenancy agreement if they die. If your partner has children, you can also
apply to the court to acquire parental responsibility for the child.
Are there disadvantages?
If you or your partner are HIV positive, live together and claim income-related
benefits such as Income Support, Job Seekers Allowance, Housing Benefit, Council
Tax Benefit, etc, you will now be treated as a couple and no longer as two
single people. This rule is important to remember because it applies to all
same-sex couples living together, even those that decide against registering
their civil partnership.
If you’re both HIV positive and claiming benefits, there’s a real
possibility of a slight reduction in your benefits. However, if you are claiming
benefits and your partner is receiving a salary in excess of means-tested
benefit levels, it’s possible you could lose your whole means-tested
benefit, as the income of the working partner will be expected to support
both partners. If you face this situation, UKC’s welfare rights and
benefits advice manager Robin Ramsdale says: “Inform the Department
of Work and Pensions immediately rather than wait for your benefits to be
stopped as you run the risk of incurring an overpayment which would have to
be repaid.”
On a brighter note, people claiming Incapacity Benefit, Retirement Pension,
Carer’s Allowance and Maternity Allowance may be entitled to additional
benefit in respect to their civil partner. They will also be able to use their
civil partner’s National Insurance record in respect to qualifying for
a retirement pension or bereavement benefit.
How
can I register a Civil Partneship?
If you feel the advantages outweigh the disadvantages, you both have to formally
give notice of your intention to form a civil partnership to the local authority
in the area where you live. Find your nearest
registry office at www.gro.gov.uk. Next, you’ll both have to go in and
sign an official document announcing your intention.
Aren’t weddings a hassle?
Organising a wedding rates highly on the stress-o-meter, and there has been
an
explosion in companies that can help you on the route to martial bliss.
Mark Brannon is director of www.gayweddings.co.uk, a website that offers a
complete listings service for everything you will need for your big day: gay-friendly
approved venues, caterers and florists for example.
“Our website lists every gay-friendly approved venue. Over the past
four years the team have organised a host of gay weddings on the continent
so have first-hand experience making your day one that will run smoothly.”
The company also offers gay-friendly honeymoon destinations. Other sites that
offer help include www.biggayday.com
and www.pinkproducts.co.uk.
What about those of us that are not in a same-sex relationship?
Interestingly, you can still take advantage of the Act benefits if you are
not gay. You can carry out a civil partnership with anyone of the same sex,
as long as they are over 16 and not closely related, although you should seriously
consider the implications of this before you undertake it.
If you don’t sign the CPA, you also won’t have to deal with the
possibility of a dissolution if your relationship breaks down. If things don’t
go quite to plan, just like divorces, the Act gives courts the same power
to make financial awards and they tend to divide financial assets equally,
a stressful situation for anyone, regardless of their HIV status. You’ll
also save yourself a packet. According to www.biggayday.co.uk, gay couples
have been spending an average of £20-£25,000 on their weddings.
That’s an awful lot of chrome toasters.
• Still confused about benefits? Call
0800 882 200 or the UKC welfare rights and benefits advisors on 020 7564 2180.
• Find a comprehensive guide to the CPA
at www.stonewall.org.uk
• www.fresh-finance.co.uk
• www.gayweddings.co.uk
Poz people getting partnered
-and-Karl.jpg)
Mark
Smith (left), 34, and partner Karl Willes, 40, have
been together nine years. They are both HIV positive, live in south London
and are currently planning their civil partnership ceremony for spring. Mark
works part-time, Karl full-time.
Originally from Australia, Mark came to the UK ten years ago and found out
he was HIV positive in July 2003.
The pair both feel that because of their love for each other, signing the
Civil Partnership Act is a natural progression. However, as Mark explains,
there are other reasons they have taken into account: “It was for protection,
both legal and
financial. More so for me, being HIV
positive we realised our mortality and we knew that given one of us dying,
the other wouldn’t be protected from Inheritance Tax. Now we will be.
“Pension rights was another issue. Karl works in the Civil Service,
and unless we registered, I wouldn’t necessarily be entitled to any
of his pension. Now, by registering, I will be, and I will certainly benefit
more if he dies first; Civil Service pensions are
fantastic (laughs). Because we are both working, I don’t think the issue
of reduction in benefits will ever be a concern for us.”
Mark and Karl registered their intention to sign the Act in December. “It
was at Brixton Town Hall, where we intend to hold the ceremony.” Mark
doesn’t think his HIV medication will cause any problems on the big
day itself. “The only thing is I can’t eat any later than 8.30pm
because that is when I feel the effects of efavirenz. When I first started
taking it, the nurse told me I could take it with wine so I’ll be necking
back the champagne (laughs).”
Kevin
Hunt (right), 52, and Naval Cooper, 48, held their
civil partnership ceremony at Brighton Town Hall on
30 December 2005; exactly 15 years to the day they met.
While Naval works, Kevin, who is HIV positive, receives Incapacity Benefit
and Disability Living Allowance (DLA).
“We now have to notify the Benefits Agency,” says Kevin. “From
what I can work out, it is only any means-tested benefits that I claim that
will be reduced. However, I feel that all the advantages of the Act outweigh
any reductions; it’s a small price to pay for equality.”
Kevin has four children from a previous 16-year marriage who have been very
hostile toward him and Naval.
“Next-of-kin rights are one of the main reasons why we signed,”
said Kevin. “If
I were to die, my children could try to interfere in the registration of death,
funeral and will, in an attempt to upset Naval. We wanted something on paper.”
Kevin, who retired from Sussex Police last year, now volunteers, talking to
schools about HIV. Living in rented accommodation with Naval, he is reassured
by the Act around housing. “If
I died first, Naval could have been evicted from the flat but now we can make
sure his name is on the rent book.”
back to
contents - Issue 119
back to top of page
